PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 February 2003
         DOCKET NUMBER: AR2002075248


         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. Ronald J. Weaver		Member
Mr. Curtis L. Greenway		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 item 11 (Primary Specialty) to show the entry " 1 YR 8 MOS" (1 year and 8 months) instead of the entry "4 YRS
2 MOS" (4 years and 2 months) and item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 3 August 2001, to show the entry "0002 01 10" (2 years, 1 months, and 10 days) instead of the entry "0001 02 08" (1 year, 2 months, and 8 days).

3. The applicant states that items 11 and 12f of his DD Form 214, dated 3 August 2001, are incorrect. He also states that all of his military education is not listed and that his marksmanship badges are incorrect and were omitted from his DD Form 214, dated 3 August 2001. His total foreign service was calculated incorrectly as depicted in item 12f of his DD Form 214, dated 3 August 2001. In support of his application, he submits copies of his: DD Forms 214, dated 5 May 1988 and 3 August 2001; NGB Form 22 (Report of Separation and Record of Service); DA Form 5790-R (Record Firing Scorecard); DA Form 88 (Combat Pistol Qualification Course Scorecard); course completion certificate; and a copy of a certificate of achievement.

4. The applicant’s military records show he enlisted in the Regular Army (RA) on 8 August 1985, as a light weapons infantry (11B). He continued to serve until he was honorably released from active duty on 5 May 1988. He was transferred to a troop program unit (TPU).

5. Item 12f (Foreign Service) of the applicant’s DD Form 214, dated 5 May 1988, shows the entry "00 07 20" [7 months and 20 days].

6. On 6 May 1988, he enlisted in the California Army National Guard (CAARNG),
as a light weapons infantryman (11B). He continued to serve until he was discharged under honorable conditions on 25 June 1990. He was transferred to the USAR Control Group (Reinforcement) where he continued to serve until he was honorably discharged on 2 August 1994.

7. After a break in service, he reenlisted in the RA on 22 May 1997, as an operating room specialist (91D). He continued to serve until he was honorably discharged on 3 August 2001.

8. The applicant's records for the period of service from 22 May 1997 through 3 August 2001 are unavailable for review by this Board.

9. Item 11 of the applicant's DD Form 214, dated 3 August 2001, shows the entry "91D10 00 OPERATING ROOM SP – 4 YRS – 2 MOS" (91D10 Operating Room Specialist 4 Years and 2 Months).



10. Item 12f (Foreign Service) of the applicant’s DD Form 214, dated 3 August 2001, shows the entry "0001 02 08" [1 year, 2 months and 8 days].

11. The applicant provided a copy of his record-firing scorecard which shows that that he was entitled to the Expert Marksmanship Qualification Badge
(Rifle M-16) with rifle bar. He also provided a copy of a scorecard which shows that he was entitled to the Marksmanship Qualification Badge with pistol bar.

12. The applicant provided a copy of a course completion certificate which shows that he completed the Arctic Light Individual Training Course Phase 1 and 2 from 22 to 23 February 2000 (2 days).

13. The applicant provided a copy of a certificate of achievement, dated 24 November 1997, for meritorious service during Operation Desert Eagle in the Kingdom of Saudi Arabia from 19 August to 17 December 1997.

14. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, that the primary military occupational specialty (PMOS) and all additional military occupational specialties (MOS) served in for a period of one year or more, during the soldier's continuous active military service, will be entered in item 11 (Primary Specialty). For each MOS, list the title with the years and months served. For time determination, 16 days or more count as a month.

15. The same regulation provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

16. The same regulation states that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f. The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket. 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.








CONCLUSIONS:

1. The applicant’s records for the period 22 May 1997 to 3 August 2001 are unavailable for review. However, his DD Form 214, dated 3 August 2001 shows that he served as an operating room specialist. The evidence also shows that the applicant has a cumulative total of 4 years and 2 months of total service as a "91D10" instead of his contended "1 year and 8 months." Therefore, he is not entitled to correction of item 11 of his DD Form 214, dated 3 August 2001. The applicant has also failed to show evidence that he served in any other MOS during that period.

2. The applicant's completed 7 months and 20 days of foreign service on his first enlistment and 1 year, 2 months, and 8 days of foreign service on his last enlistment for a total of 1 year, 9 months and 28 days of total foreign service. Therefore, he is entitled to correction of item 12f (Foreign Service) of his DD Form 214, dated 3 August 2001 to show the entry "0001 09 28."

3. The evidence of record shows that the applicant qualified as an expert with the rifle and qualified as marksman with the pistol on 7 June 2001. Therefore, he is entitled to correction of his records to show the Expert Marksmanship Qualification Badge (Rifle M-16) with rifle bar and the Marksmanship Qualification Badge with pistol bar.

4. The Board notes that the Arctic Light Individual Training Course Phase 1
and 2 was 2-days in length. Therefore, he is not entitled to correction of item 14 (Military Education) of his DD Form 214, dated 3 August 2001, to show this course.

5. The evidence of record shows that a certificate of achievement was awarded to the applicant on 24 November 1997 for meritorious service during Operation Desert Eagle. However, in accordance with the governing regulation, Certificate of Achievements and similar documents are not recorded on the DD Form 214.

6. 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 for the individual concerned be corrected:

a. by showing the entry "0001 09 28" in item 12f (Foreign Service) of his DD Form 214, dated 3 August 2001; and

b. by showing that he was awarded the Expert Marksmanship Qualification Badge (M-16) with rifle bar and the Marksmanship Qualification Badge with pistol bar.

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

BOARD VOTE:

__mm___ __rw___ __cg___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Melvin H. Meyer___
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002075248
SUFFIX
RECON
DATE BOARDED	20030204
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	20010803
DISCHARGE AUTHORITY	AR .635-200 chap 6
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	6
2.
3.
4.
5.
6.