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ARMY | BCMR | CY2002 | 2002075394C070403
Original file (2002075394C070403.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 October 2002
         DOCKET NUMBER: AR2002075394


         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
Mr. William Blakely Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Mr. Roger W. Able Member
Mr. John T. Meixell 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, in effect, that his separation document (DD Form 214) be corrected to reflect his proper level of civilian education by showing he completed the General Equivalency Diploma (GED); and by showing that he earned the a Marksmanship Qualification Badge with Grenade and Machine Gun Bars.

3. The applicant states, in effect, that he completed his GED while serving in the Army. He also states that during his active duty tenure, he was awarded the a Marksmanship Qualification Badge with Grenade and Machine Gun Bars, which is not included in Item 13 (Decorations) of his DD Form 214. In support of his application, he submits a copy of his Personnel Qualification Record
(DA Form 2-1) and his DD Form 214.

4. The applicant’s military records show that on 11 September 1981, he was honorably released from active duty (REFRAD), by reason of hardship, after completing 2 years and 14 days of active military service.

5. The applicant’s DA Form 2-1 confirms that he was awarded the Army Service Ribbon, and the following Marksmanship Qualification Badges: Sharpshooter Marksmanship Badge with M-16 Rifle Bar; and Marksman Qualification Badge with Grenade and Machine Gun Bars. Item 17 (Civilian Education and Military Schools) confirms that he completed two years of high school. There is no entry indicating that he completed his GED while serving on active duty. In addition, his Military Personnel Records Jacket (MPRJ) is void of any documents that show he received his GED during his active duty tenure.

6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized of the DD Form 214 issued to the applicant upon his REDRAD on 11 September 1981 shows that he earned the Army Service Ribbon and the Sharpshooter Marksmanship Badge with M-16 Rifle Bar during his active duty tenure. No other awards or decorations were included in this document. It also shows the entry “NO” Item 16 (High School Graduate or Equivalent).

7. Army Regulation 635-5, in effect at the time, prescribed the separation documents which were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. It also contained item by item instructions for the DD Form 214. Paragraph 2-4, stated that yes or no will be entered in Item 16 (High School Graduate or Equivalent) based on the education level entered in the members personnel record.


CONCLUSIONS:

1. The Board notes the applicant’s contention that his DD Form 214 did not include the GED that he successfully completed during his active duty tenure. However, it finds insufficient evidence to support this claim.

2. The evidence of record contains no indication that he applicant completed his GED during his active duty tenure. Further, the applicant has failed to provide any independent evidence to show he completed the GED requirements while serving on active duty. Given this lack of evidence, the Board is compelled to deny the applicant’s request that his DD Form 214 be corrected to add an entry showing his completing the GED.

3. The Board also noted the applicant’s contention that he was awarded a Marksmanship Qualification Badge with Grenade and Machine Gun Bars, and it finds this claim has merit. The evidence of record confirms that in addition to earning the Sharpshooter Qualification Badge with M-16 Rifle Bar, the applicant also earned the Marksman Qualification Badge with Grenade and Machine Gun Bars. Therefore, the Board concludes that it would be appropriate to add this badge to his record at this time.

4. In view of the foregoing, the applicant’s records should be corrected 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 earned the Marksman Qualification Badge with Grenade and Machine Gun Bars; and by providing him a corrected separation document that reflects this change.

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

BOARD VOTE:

__RJW__ __RWA__ __JTM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___ Raymond J. Wagner _
                  CHAIRPERSON



INDEX

CASE ID AR2002075394
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/10/10
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION partial
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.



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