PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 December 2002
         DOCKET NUMBER: AR2002076771


         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. James E. Anderholm		Member
Ms. Charmane Collins		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 that his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to add his awards and military education and to correct his date of separation, foreign service time, and the time he held military occupational specialty (MOS) 71L. He appears to also be requesting his DD Form 214's correction to show he did receive a completed dental examination within 90 days of his separation.

3. The applicant states that he served in Korea for 3 years and 6 months and in Germany for 2 years and 6 months. He provided all the required documents prior to departing Germany but information was still left off his DD Form 214. He was available for signature even though his DD Form 214 indicates that he was not.

4. As supporting evidence, the applicant provides: his original assignment orders with an amendment assigning him from Korea to Germany; his basic training completion certificate; a Certificate of Achievement dated 5 November 1999; a Certificate of Achievement, undated, from the 8th Personnel Command, Korea; his advanced individual training (AIT) completion certificate; his Postal Operations Course completion certificate; his Non-Divisional Nuclear, Biological and Chemical Defense Course completion certificate; his Combat Lifesaver training certificate; his German Headstart completion certificate; his Army Good Conduct Medal (1st award) certificate; his Army Achievement Medal certificate; two Army Commendation Medal certificates; and two Certificates of Appreciation.

5. The applicant’s service personnel records show that he enlisted in the Regular Army on 12 October 1993. He completed basic training and the 8-week 71L (Administrative Specialist) AIT course on 18 February 1994. He completed the 4-week Postal Operations course on 19 April 1994.

6. The applicant's Enlisted Record Brief shows he was assigned to Yongsan, Korea on 4 May 1994. His permanent change of station orders show he departed Korea with an availability date of 11 October 1997 for assignment to Germany (for an assignment length of 3 years, 5 months, and 8 days).

7. The applicant's Enlisted Record Brief shows he was assigned to Frankfurt, Germany on 12 November 1997. His separation orders show he departed Germany with an availability date of 13 March 2000 and 30 days permissive temporary duty authorized (for an assignment length of 2 years and 4 months).

8. The applicant completed the 2-week Non-Divisional Nuclear, Biological and Chemical Defense course on 14 October 1994. He completed the 1-week Combat Lifesaver training course on 7 March 1997. He completed the 1 1/2- week German Headstart course on 22 January 1998.

9. Permanent Orders 9-2, 516th Personnel Services Battalion, dated 13 February 1996, awarded the applicant the Army Achievement Medal. A certificate shows he was awarded the Army Good Conduct Medal for the period 12 October 1993 through 11 October 1996. Permanent Orders 276-1, Headquarters, 8th Personnel Command, dated 3 October 1997, awarded him the Army Commendation Medal. Permanent Orders 095-2, Headquarters, 1st Personnel Command, dated 4 April 2000, awarded him the Army Commendation Medal.

10. The applicant's DD Form 214 shows he was discharged for disability on 31 March 2000 after completing 6 years, 5 months, and 19 days of creditable active service. Records at the Defense Finance and Accounting Service show he separated on 11 April 2000.

11. The applicant's DD Form 214, item 11 shows he held MOS 71L for 6 years and 2 months; item 12b shows he separated on 31 March 2000; item 12c shows he completed 6 years, 5 months, and 19 days of active service; item 12f shows he completed 3 years, 4 months, and 8 days of foreign service; item 13 shows he was awarded the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Army Lapel Button; item 14 shows he completed no military education; and item 17 shows he was not provided a complete dental examination within 90 days of his separation; item 21 shows he was not available to sign his DD Form 214.

12. There is no evidence of record to show the applicant had any record of misconduct or that he was considered for but disqualified for award of the Army Good Conduct Medal for the period 12 October 1996 - 11 October 1999.

13. Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards. It provides that the Army Good Conduct Medal 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 normally 3 years. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. The immediate commander’s decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual’s official records for the periods of service under previous commanders during the period for which the award is to be made. The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by the current commander.

14. Army Regulation 600-8-22 also provides for award of the Overseas Service Ribbon for successful completion of overseas tours. Numerals will be used to denote second and subsequent awards of the Overseas Service Ribbon.

15. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, it states that item 14, military education, of the DD Form 214 will contain in-service training courses successfully completed during the period of service covered by the DD Form 214. The title, number of weeks, and year successfully completed during this period of service will be entered. The information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

16. Informal research revealed that the Combat Lifesaver course is a basic medical care course for unit nonmedical personnel.

17. Army Regulation 635-5 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.

CONCLUSIONS:

1. The evidence of record shows the applicant had been awarded the Army Achievement Medal and the Army Good Conduct Medal and twice awarded the Army Commendation Medal. These awards should be added to his DD Form 214.

2. The applicant met the eligibility criteria for award of a second Army Good Conduct Medal. He should be awarded the Army Good Conduct Medal for the period 12 October 1996 through 11 October 1999 and it should be added to his DD Form 214.

3. The applicant's DD Form 214 shows he was awarded one Overseas Service Ribbon. He completed two overseas tours and he is authorized two awards of the Overseas Service Ribbon. His DD Form 214 should be corrected to reflect the Overseas Services Ribbon with Numeral "2."

4. Certificates of achievement and appreciation are not authorized entries on the DD Form 214.

5. The evidence of record shows the applicant completed the 8-week 71L course in February 1994; the 4-week Postal Operations course in April 1994; the
2-week Non-Divisional Nuclear, Biological and Chemical Defense course in October 1994; the 1-week Combat Lifesaver training course in March 1997; and the 1 1/2- week German Headstart course in January 1998. These courses
should be added to his DD Form 214 except that German Headstart should be listed as a 1-week course since half weeks are not listed on the DD Form 214. Basic training is not an authorized military education course for entry on the DD Form 214.

6. The entry in item 11 of the applicant's DD Form 214, showing he held MOS 71L for 6 years and 2 months, is correct. He served in the Army for 6 years and 6 months; however, he was not awarded MOS 71L until 18 February 1994, approximately 4 months after he enlisted.

7. There appears to be an error in items 12b and 12c of the applicant's DD Form 214. Records at the Defense Finance and Accounting Service show he separated on 11 April 2000 for a total of 6 years, 6 months, and 0 days of active service.

8. There is an error in item 12f of the applicant's DD Form 214 concerning his foreign service. He served in Korea for 3 years, 5 months, and 8 days and in Germany for 2 years and 4 months for a total of 5 years, 9 months, and 8 days of foreign service.

9. It cannot be determined from the available records if there is an error in item 17 of the applicant's DD Form 214. Without having the applicant's dental records to review, the Board presumes the entry in item 17 is correct. The Board is cognizant of the fact that military installations will sometimes check this item as "no" to enable the member to obtain dental treatment from the Department of Veterans Affairs in the event dental treatment is required shortly after separation.

10. Although the applicant contends he was available to sign his DD Form 214, the Board presumes administrative regularity regarding item 21 of his DD Form 214. The entry is now immaterial as his DD Form 214 will be corrected as appropriate.

11. 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 awarding the applicant the Army Good Conduct Medal for the period 12 October 1996 through 11 October 1999.

2. That the applicant's DD Form 214 be amended:

a. in item 12b to show he separated on 11 April 2000; it item 12c to show he completed 6 years, 6 months, and 0 days of active service; and in item 12f to show he completed 5 years, 9 months, and 8 days of foreign service;

b. in item 13 to delete the Overseas Service Ribbon and to add the Army Achievement Medal, two awards of the Army Good Conduct Medal, two awards of the Army Commendation Medal, and two awards of the Overseas Service Ribbon; and

c. in item 14 to show he completed the 8-week 71L course in February 1994; the 4-week Postal Operations course in April 1994; the 2-week Non-Divisional Nuclear, Biological and Chemical Defense course in October 1994; the 1-week Combat Lifesaver training course in March 1997; and the 1-week German Headstart course in January 1998.

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

BOARD VOTE:

_ _FNE _ __JEA___ ___CC__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___Fred N. Eichorn _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076771
SUFFIX
RECON
DATE BOARDED	2002/12/02
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PARTIAL
REVIEW AUTHORITY
ISSUES 1.	100.00
2.
3.
4.
5.
6.