PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 October 2002
         DOCKET NUMBER: AR2002072356


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Arthur A. Omartian		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.

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2. The applicant requests correction of item 12a (Date Entered Active Duty This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 21 October 1994; correction of
item 12c (Net Active Service This Period) to show he served 5 years, 9 months and 2 days; correction of item 11 (Primary Specialty) to show he served in military occupational specialty (MOS) 13B (cannon crewmember) for 3 years and 6 months; and correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show he was awarded the seventh award of the Army Achievement Medal.

3. The applicant states, in effect, that his DD Form 214 should be amended to show these corrections. In support of his application, he submits a copy of his DD Form 214, permanent orders and an award certificate awarding him the Good Conduct Medal, seven Recommendations for Award (DA Form 638-1 and DA Form 638), and reassignment orders.

4. The applicant’s military records show that he enlisted in the Regular Army on 21 October 1994 for a period of three years. He successfully completed basic and AIT and was awarded MOS 13B. He reenlisted on 24 July 1997 for a period of three years and completed AIT in MOS 88M (motor transport operator). The applicant was honorably released from active duty on 23 July 2000 and is currently serving in the National Guard.

5. Item 12a on the applicant's DD Form 214 shows he entered active duty on 25 April 1995.

6. His DD Form 4 (Enlistment/Reenlistment Document) shows he entered
active duty on 21 October 1994. His DA Form 2-1 (Personnel Qualification Record) also shows he enlisted in the Regular Army on 21 October 1994 in
item 35 (Record of Assignments).

7. Item 12c on the applicant's DD Form 214 shows he completed 5 years, 2 months and 29 days total active service.

8. The applicant's DD Form 214 shows the entry "13B10 CANNON CREWMEMBER - - 5 YRS – 5 MOS" in item 11.

9. Item 35 (Record of Assignments) on the applicant's DA Form 2-1 shows he completed AIT on 18 February 1995. At the conclusion of AIT, he was awarded the MOS 13B.

10. His DA Form 2-1 shows he completed AIT on 8 May 1998 and was awarded MOS 88M (motor transport operator). There is no evidence available to the Board which shows the applicant's MOS 13B was withdrawn.

11. The applicant's DD Form 214 shows the Army Achievement Medal (6th Award) in item 13.

12. The applicant provided a copy of DA Form 638-1, dated 29 March 1995, which shows he was awarded the Army Achievement Medal for meritorious achievement from 1 March 1995 to 25 March 1995.

13. The applicant also provided a copy of DA Form 638-1, dated 11 August 1995, which shows he was awarded the second award of the Army Achievement Medal for meritorious achievement from 6 July 1995 to 8 August 1995.

14. The applicant provided five additional copies of DA Form 638 which shows he was awarded the following awards:

a. DA Form 638, dated 6 May 1996, shows he was awarded the third award of the Army Achievement Medal for meritorious achievement from 30 March 1996 to 29 April 1996;

b. DA Form 638, dated 15 May 1997, shows he was awarded the fourth award of the Army Achievement Medal for meritorious achievement from 1 April 1997 to 28 April 1997;

c. DA Form 638, dated 23 October 1997, shows he was awarded the fifth award of the Army Achievement Medal for meritorious achievement from 25 August 1997 to 23 September 1997;

d. DA Form 638, dated 23 January 1998, shows the applicant was recommended for award of the Army Commendation Medal as an end of tour award for outstanding service for a period of three years. However, the award approval authority for the Army Commendation Medal determined that the Army Achievement Medal was proper recognition for this service. As a result, the Army Commendation Medal recommendation was downgraded to the Army Achievement Medal. Based on the DA Form 638, dated 23 January 1998, shows the applicant received the sixth award of the Army Achievement Medal; and

e. DA Form 638, dated 30 May 2000, shows he was awarded the seventh award of the Army Achievement Medal for expiration of term of service (ETS) from 28 May 1998 to 28 May 2000.

CONCLUSIONS:

1. The applicant's Enlistment/Reenlistment Document (DD Form 4) and Personnel Qualification Record (DA Form 2-1) shows he enlisted in the
Regular Army on 21 October 1994. Therefore, he is entitled to correction of
item 12a (Date Entered Active Duty This Period) on his DD Form 214 to show he entered active duty on 21 October 1994.

2. Based on paragraph 1, above, the applicant is also entitled to correction of item 12c (Net Active Service This Period) on his DD Form 214 to show he completed 05 years, 09 months and 02 days total active service.

3. Records show the applicant completed AIT on 18 February 1995 and was awarded MOS 13B (cannon crewmember) effective that date. The Board noted that the applicant held MOS 13B until he was released from active duty on 23 July 2000 (a period of 5 years and 5 months).

4. The applicant's DD Form 214 shows he served in MOS 13B for a period of 5 years and 5 months. Therefore, this entry is correct as currently constituted and there is no basis for amending item 11 to show he served in MOS 13B for 3 years and 6 months.

5. Records also show the applicant completed AIT on 8 May 1998 and was awarded MOS 88M (motor transport operator) and continued to serve in MOS 88M until he was released from active duty on 23 July 2000 (a period of 2 years and 3 months). His DD Form 214 shows that he served in MOS 88M for 2 years and 3 months; therefore, this entry is correct as currently constituted.

6. The applicant's DD Form 214 shows entitlement to six awards of the Army Achievement Medal. However, evidence of record shows he received seven awards of the Army Achievement Medal. Therefore, item 13 on his DD Form 214 will be amended to show seven awards of the Army Achievement Medal.

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 amending item 12a on the DD Form 214 of the individual concerned to show the entry "1994 10 21";

         b. by amending item 12c on his DD Form 214 to show the entry
"05 09 02"; and

         c. by amending item 13 on his DD Form 214 to show he was awarded the Army Achievement Medal (7th Award).

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

BOARD VOTE:

RVO____ MKP____ AAO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072356
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021001
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	100.0000
2.	107.0025
3.
4.
5.
6.