MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:


         BOARD DATE: 26 September 2002
         DOCKET NUMBER: AR2002070710

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

Mr. Carl W. S. Chun		Director
Mr. Lee Cates		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. Raymond J. Wagner		Member
Ms. Karen Y. Fletcher		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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

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APPLICANT REQUESTS: That his records be corrected to show completion of the Modern Army Records Keeping System (MARKS) Course, the Emergency Medical Technician (EMT) Course, award of the Certificate of Achievement (CA) for outstanding performance of duty while preparing for the unit Annual General Inspection (AGI), award of the CA as an outstanding participant in the physical readiness training test conducted by his unit, that his name be changed from what it currently is, award of the Army Achievement Medal (AAM) for meritorious service, award of the Good Conduct Medal (GCMDL), award of the Soldier’s Medal (SM) for saving two soldiers’ lives in a fire and award of the Ranger Tab.

APPLICANT STATES: He discovered the errors in his records in 2002. He provides a certificate for the MARKS Course; the EMT Course; the CA for the AGI and physical readiness training test; a court order with his name change; a copy of Permanent Orders (PO) 6-1, paragraph 2, Bad Cannstatt MEDDAC/DENTAC announcing award of the AAM; a copy of sworn statements by him and another soldier concerning a barracks fire on 14 October 1985; PO 14-6, 198^th Personnel Service Company, 22 January 1985 announcing award of the GDMDL; and a Standard Form 600 (Chronological Record of Medical Care) dated 15 October 1985 showing he was hospitalized with 2nd degree smoke inhalation.

EVIDENCE OF RECORD: The applicant's military records show:

On 9 August 2001, the Board denied the applicant’s previous request for award of the SM and it need not be further discussed. The Memorandum of Consideration (AR2001057803) is incorporated herein.

On 14 September 1979, he enlisted in the Regular Army. He completed his required training and was awarded military occupational specialty (MOS) 91A (Medical Specialist). In 1986, he completed training in MOS 95B (Military Police).

On 28 February 1983, he was awarded a CA for a physical readiness training test.

On 26 September 1984, he was administered nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for wearing a Ranger Tab and altering his official records by placing a false Ranger Course Diploma in his file. His punishment included a reduction to pay grade E-4 and a forfeiture of $462 pay per month for 2 months. He did not appeal this punishment.

On 19 November 1984, he competed the requirements as an EMT. This was recorded on his Personnel Qualification Record.

On 22 January 1985, PO 14-6, 198^th Personnel Service Company, announced award of the GDMDL, 2^nd award, for the period 8 February 1980 to 7 February 1983.

On 20 March 1986, PO 6-1, Bad Cannstatt MEDDAC/DENTAC announced award of the AAM to the applicant for meritorious service during the period 5 October 1984 to 12 October 1986.

During the period 15 to 18 December 1986, he completed a 14 hours course in MARKS.

On an unspecified date, he was awarded a CA for preparing for the unit AGI.

On 7 March 1987, he was administered NJP for his willful destruction of private property. His punishment included restriction, extra duty (suspended) and forfeiture of 7 days pay (suspended).

On 16 November 1987, he was administered NJP for his failure to go to his appointed place of duty on 23 October 1987. His punishment included restriction (suspended for 90 days) and 14 days supervision of extra duty personnel.

On 7 March 1989, he was placed on the Temporary Disability Retired List (TDRL) under Army Regulation 635-40, based on a physical disability. His disability was rated at 70 percent disabled. His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had 12 years and 1 month of creditable service. He was entitled to award of the Army Commendation Medal, the Army Service Ribbon, the GCMDL with 3 loops, the Noncommissioned Officer Professional Development Ribbon, the Parachutist Badge, the Air Assault Badge, the AAM, and the Overseas Service Ribbon.

On 9 May 1990, he was removed from the TDRL and placed on the Permanent Disability Retired List at 70 percent disabled.

On 25 October 2001, he legally changed his name in the Circuit Court of the City of Newport News, Virginia.

Army Regulation 635-5 (Personnel Separation Documents) indicates, in pertinent part, that all information entered on the separation document must be current as of the period of active duty served. Further, awards and decorations for all periods of service will be listed in priority sequence and will be verified by the soldier’s records. Additionally, military education to be listed on the DD Form 214 (Separation Document) must be formal in-service (full-time attendance) training courses successfully completed during the period of service covered. This information is to assist the soldier in job placement and counseling; therefore, training courses for combat skills are not listed.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. Award of the AAM is a matter of record and listed on his DD Form 214.

2. The MARKS Course was not full time because it was 14 total hours over a period of 4 days and does not qualify for inclusion on the DD Form 214.

3. The EMT Course was not full time; however, credit completion at the City Colleges of Chicago was authenticated in item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record). It does not qualify for inclusion on the DD Form 214.

4. Certificates of Achievements are not decorations and as such do not qualify to be listed on the DD Form 214.

5. The change of name occurred well after completion of active service. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. Therefore, there is no basis for granting his request to change his name in his military records.

6. The applicant has received the GCMDL with clasp with 3 bronze loops, which represent 3 awards. There is no evidence he was recommended for or awarded a fourth GCMDL.

7. The Board notes the applicant was administered NJP for falsely wearing a Ranger Tab and placing a false Ranger Course Diploma in his official records. He was not then and is not now entitled to award of the Ranger Tab.

8. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

9. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

_RJW____ _KYF___ _RVO___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002070710
SUFFIX
RECON
DATE BOARDED	20020926
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	1021
2.
3.
4.
5.
6.