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ARMY | BCMR | CY2002 | 2002067194C070402
Original file (2002067194C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 May 2002
         DOCKET NUMBER: AR2002067194


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Walter T. Morrison Member
Mr. Christopher J. Prosser Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal, the United Nations Service Ribbon (correctly known as the United Nations Service Medal), the Cold War Service Ribbon (correctly known as the Cold War Recognition Certificate) and the second award of the Good Conduct Medal. He also requests that his DD Form 214 be corrected to show that he completed the Primary Leadership Development Course, the 52C10 Unit Equipment Repair Specialist (Phases I and II), the Combat Lifesavers Correspondence Course and the Drivers Training Course.

3. The Board notes that the applicant requested award of the Cold War Recognition Certificate. The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Cold War Recognition, 4035 Ridge Top Road, Fairfax, Virginia 22030-7445. Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed any further.

4. The applicant states, in effect, that he is trying to reenlist in the Army and he would like his records corrected prior to his reenlistment. He contends that he misplaced his orders for the Army Achievement Medal and that he may be eligible for the United Nations Service Medal because he served with the United Nations Command Security Force, Joint Security Area, Joint Security Force Company in South Korea for over 14 months. In support of his application, he submits an undated letter of explanation; a DD Form 214; an Honorable Discharge, dated 5 December 1995, from the U.S. Army Reserve (USAR); separation orders from the USAR; a Certificate of Training for the 52C10 Utility Equipment Repair Course; orders, dated 13 October 1992, for primary military occupational specialty 52C10; Service School Academic Evaluation Report for 52C10 Unit Equipment Repair Specialist Course; a completion certificate for the Reserve Component Noncommissioned Officers Primary Leadership Development Course; Service School Academic Evaluation Report for the Primary Leadership Development Course; orders, dated 22 January 1991, for the first award of the Good Conduct Medal; a Certificate of Training for the Combat Lifesaver Correspondence Course; and a Certificate of Training for the Drivers Training Course.

5. The applicant’s military records show that he enlisted on 14 January 1988. He served as a heavy anti-armor weapons infantryman and was honorably released on 21 October 1991 and transferred to the USAR. He was honorably discharged from the USAR on 5 December 1995.

6. The applicant’s DD Form 214 does not show the Army Achievement Medal, the United Nations Service Medal or the second award of the Good Conduct Medal as authorized awards. Item 14 (Military Education) on his DD Form 214 shows the entry, “NA//NOTHING FOLLOWS.”

7. There is no evidence in the applicant’s service personnel records that he was recommended for or awarded the Army Achievement Medal.

8. There is no evidence in the applicant’s service personnel records that he served a period of qualifying service (between 27 June 1950 and 27 July 1954) for award of the United Nations Service Medal.

9. The applicant’s DD Form 214 shows that he received the first award of the Good Conduct Medal. There is no evidence in the available records which shows the applicant completed a period of qualifying active duty service for a second award of the Good Conduct Medal.

10. The applicant provided an award certificate which shows that he completed the Reserve Component Noncommissioned Officers (NCO) Primary Leadership Development Course on 31 July 1993.

11. The applicant provided a Certificate of Training and Service School Academic Evaluation Report which shows he completed the 52C10 Unit Equipment Repair Specialist (Phase I) Course on 1 May 1992. This report also indicates that Phase II must be successfully completed prior to the award of this MOS. The applicant provided orders for MOS 52C10, dated 13 October 1992.

12. The applicant provided a Certificate of Training which shows that he completed the Combat Lifesavers Correspondence Course.

13. The applicant provided a Certificate of Training which shows that he completed the 40-hour Drivers Training Course on 10 August 1989.

14. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August
1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the
United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.

16. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

17. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part it states that item 14 (Military Education) will list formal in service training courses
of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

CONCLUSIONS:

1. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Army Achievement Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Army Achievement Medal.

2. There is no evidence in the available records which shows the applicant served a period of qualifying service in Korea for award of the United Nations Service Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the United Nations Service Medal.

3. Evidence of record shows the applicant served on active duty from
14 January 1988 to 21 October 1991 and that he received the first award of the
Good Conduct Medal. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he completed a qualifying period of active duty enlisted service for a second award of the Good Conduct Medal. Therefore, the Board determined there is insufficient evidence on which to base a second award of the Good Conduct Medal.

4. The Board considered the applicant’s request that his DD Form 214 be corrected to show that he completed the Primary Leadership Development Course and 52C10 Unit Equipment Repair Specialist (Phases I and II). However, evidence of record shows that the applicant completed these courses after the ending date of his DD Form 214 while serving in the USAR. The governing regulation states that only formal in service training courses of 40 hours or more successfully completed during the period of service will be listed on the DD Form 214. Therefore, there is no basis for granting the applicant’s request to show these training courses on his DD Form 214.

5. Evidence of record shows the applicant completed the Combat Lifesavers Correspondence Course. However, in accordance with the governing regulation, correspondence courses will not be shown on the DD Form 214.

6. The applicant completed the 40-hour Drivers Training Course on 10 August 1989. Therefore, the applicant is entitled to correction of item 14 (Military Education) on his DD Form 214 to show this training course.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by deleting the entry, “NA//NOTHING FOLLOWS” in item 14 (Military Education) on the DD Form 214 of the individual concerned; and

         b. by adding the entry, “Drivers Training Course, 1 week, August 1989” in item 14 on his DD Form 214.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

FNE____ WTM____ CJP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn_________
                  CHAIRPERSON




INDEX

CASE ID AR2002067194
SUFFIX
RECON
DATE BOARDED 20020502
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0000
2. 100.0700
3.
4.
5.
6.


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