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ARMY | BCMR | CY2002 | 2002074427C070403
Original file (2002074427C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 January 2003
         DOCKET NUMBER: AR2002074427


         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. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Ms. Jennifer L. Prater Member
Ms. Mae M. Bullock 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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that she was entitled to award of the Good Conduct Medal (GCMDL) and the Overseas Service Ribbon (OSR). She also requests that her DD Form 214 be corrected to show the correct number of years that she served, all service schools that she completed, and her primary military occupational specialty (PMOS).

3. The applicant states that she served in the Army in an active duty status from 22 June 1989-9 December 1992 and from October 1994-February 1995; that her first period of enlistment equals more than 3 1/2 years of service, including 14 months of overseas service in Germany. She submits in support of her request a copy of her DD Form 214 for the period 22 June 1989-9 December 1992; a copy of her DA Form 2-1 (Personnel Qualification Record); a memorandum from Department of the Army, 316th Support Center, Unit 27933, APO, AE 0922, dated 22 September 1994, subject: Request for Retroactive Award of the Army Good Conduct Medal to Member of the Army Reserve for Prior Period of Active Duty; an Honorable Discharge Certificate from the United States Army Reserve (USAR), issued on 31 July 1995; a certificate for completion of the Intelligence Analyst Basic Course, MOS 96B; Service School Academic Evaluation Reports (AER) for Phase I and II of the Intelligence Analyst Basic Course; Orders Number 3-6 from Department of the Army, Headquarters, 7th Army Reserve Command, Unit 29238, APO AE 09102, dated 18 January 1995, showing MOS 91B withdrawn effective 31 December 1994 and MOS 96B awarded. She also submitted documentation to show that she completed Medical Specialist Sustainment Correspondence Course, MOS 91B, on 2 August 1999; the Practical Nurse Preparatory Correspondence Course, MOS 91C, on 29 September 1992; the Operations Security (OPSEC) Correspondence Course and the Introduction to Battlefield Technical Intelligence Correspondence Course, both in May 1995.

4. The applicant’s military records show that, prior to the period of service under review, she served in the Delayed Entry Program from 11 May-18 August 1987. She was then ordered to active duty for training in MOS 91A (Medical Specialist) from 19 August 1987-15 January 1988. She was issued a DD Form 214 at the completion of this period of service. Her DD Form 214 shows that she completed 4 months and 27 days of active military service and that she was awarded MOS 91A as her primary MOS.

5. On 22 June 1989, the applicant enlisted in the Regular Army (RA) for 4 years in pay grade E-3. She also enlisted for MOS 91A and the station of choice option (Fort Polk, Louisiana).


6. On 19 December 1991, the applicant voluntarily extended her 4-year period of enlistment in the RA for an additional 22 months, thereby making her end term of service (ETS) date 21 April 1995.

7. The applicant served in Germany from 15 April-8 December 1992. While she was in Germany, she completed the Medical Specialist Course (MOS 91B) on 8 May 1992. On 13 August 1992, Orders Number 226-03, Headquarters, 378th Personnel Service Company, effective 8 May 1992, withdrew MOS 91A and awarded MOS 91B.

8. On 9 December 1992, the applicant was released from active duty under the provisions of chapter 8, Army Regulation 635-200, due to pregnancy, with an honorable discharge and transferred to the United States Army Ready Reserve (USAR), St. Louis, Missouri. Her DD Form 214 shows that she completed 3 years, 5 months, and 18 days of active military service for the period of enlistment under review and that she completed 4 months and 27 days of prior active military service.

9. The applicant's DD Form 214 correctly shows that her PMOS is 91B.
She was awarded the National Defense Service Medal, the Army Service Ribbon, the Army Superior Unit Award, the Expert Marksmanship Badge (Grenade) and the Marksmanship Badge (M-16 Rifle).

10. Item 14 (Military Education) on the applicant's DD Form 214 is annotated "None." Army Regulation (AR) 635-5, Separation Documents, prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states, in pertinent part, that Item 14 will contain only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. The only exceptions to this requirement are the Command and General Staff College and Senior Service Colleges when completed by correspondence courses.

11. There is no evidence available to indicate that the applicant was denied award of the GCMDL. Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond.

12. On 22 January 1993, the applicant was transferred to the USAR Control Group (Reinforcement) St. Louis, Missouri and further assigned to the 316th Support Center, Germany with duties in MOS 91B. The 22 September 1994,


memorandum that the applicant provided shows that the commander of the 316th Support Center requested that the Army Reserve Personnel Center, St. Louis, Missouri retroactively award her the GDMDL for the active period of service from 22 June 1989-22 June 1992.

13. Both the AER's and the Diploma that the applicant provided for completion of the Intelligence Analyst Basic Course, MOS 96B, supports that she completed the course on 1 July 1994, after she was separated from active duty in 1992.

14. The OPSEC Course, the Introduction to Battlefield Technicians Intelligence Course, the Medical Specialist Sustainment Course, and the Practical Nurse Preparatory Course were correspondence courses and are not authorized to be shown on the DD Form 214.

15. AR 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

16. AR 600-8-22 provides that the GCMDL 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 GCMDL, disqualification must be justified.

17. The Secretary of the Army established award of the OSR on 10 April 1981. The OSR is awarded to members of the U.S. Army for successful completion of overseas tours. The OSR will not be awarded for overseas service recognized with another U.S. service medal. For example, if a soldier was credited with overseas tour completions per AR 614-30 for Alaska, Berlin, Germany, and also served in the Vietnam Conflict and the Persian Gulf War, he or she would be entitled to the OSR with numeral 2 (Alaska and Germany), the Army of Occupation Medal (Berlin), the Vietnam Service Medal, and the Southwest Asia Service Medal. Numerals will be used to denote second and subsequent awards of the OSR.

CONCLUSIONS:

1. The Board concluded that, under current practice, the applicant is entitled to award of the GCMDL since there is no evidence available to indicate that she was denied the award.

2. The Board concluded that the applicant served in Germany for a period of 8 months from 3 April-8 December 1992 and there is no evidence that this period of service was deemed unsuccessful, therefore, she is entitled to award of the OSR.

3. The available evidence supports that the applicant's DD Form 214 is correct in that it shows she served in the RA in an active duty status from 22 June 1989-9 December 1992 and that this period of service equals 3 years, 5 months and 18 days. The applicant has provided no evidence to the contrary.

4. The applicant's PMOS is correctly shown on her DD Form 214.

5. The applicant's DD Form 214 also correctly states "NONE" in Item 14 (Military Education) because all of the courses taken by her were correspondence courses as a part of the Army Correspondence Course Program (ACCP). Furthermore, several of these courses were completed after she separated from active duty.

6. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION
:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is awarded the GCMDL and the OSR.

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

BOARD VOTE:

__mkp___ __jlp___ __mmb___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Margaret K. Patterson
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002074427
SUFFIX
RECON
DATE BOARDED 20030114
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19921209
DISCHARGE AUTHORITY AR 635-200, Chap 8
DISCHARGE REASON A93.00
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 144.9300
2.
3.
4.
5.
6.


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