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ARMY | BCMR | CY2002 | 2002080593C070215
Original file (2002080593C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 April 2003
         DOCKET NUMBER: AR2002080593


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Harry B. Oberg Member
Mr. Ronald J. Weaver 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, a second award of the National Defense Service Medal (NDSM) (correctly known as the NDSM with one bronze service star). He also requests that the Jungle Warfare Course, the Ranger Course and the Airborne Course be shown in item 14 (Military Education) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 24 March 2002.

3. The applicant states that the NDSM for service on 11 September 2001 was not approved until after he was discharged. He also contends that the Jungle Warfare Course, the Ranger Course and the Airborne Course were not listed in the military education block on his DD Form 214. In support of his application, he submits a copy of his DD Form 214 with an effective date of 24 March 2002; a certificate of completion for the Jungle Warfare Course, dated 17 April 1998; a diploma for the Ranger Course, dated 7 July 2000; orders for the Ranger Tab, dated 25 June 2000; a diploma for the Airborne Course, dated 30 May 1997; orders for the Parachutist Badge, dated 18 May 1977; discharge orders, dated
5 December 2001; and a copy of his DA Form 2-1 (Personnel Qualification Record).

4. The applicant’s military records show that he enlisted on 30 August 1989 for a period of 4 years. He served as a food service specialist and was released from active duty on 30 June 1993. He entered active duty again on 20 March 1997, served as an infantryman and was honorably discharged on 24 March 2002.

5. The applicant's DD Form 214 with an effective date of 24 March 2002 does not show the National Defense Service Medal with one bronze service star as an authorized award. Item 14 (Military Education) on this DD Form 214 does not show the Jungle Warfare Course, the Ranger Course or the Airborne Course.

6. The Board notes that the applicant is eligible for a second award of the NDSM for his honorable active service after 11 September 2001.

7. Item 17 (Civilian Education and Military Schools) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he completed a three-week Jungle Warfare Course in 1998. The applicant provided a certificate of completion for the Jungle Warfare Course, dated 17 April 1998.

8. Item 17 (Civilian Education and Military Schools) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he completed a ten-week Ranger Course at Fort Benning, Georgia, in 2000. The applicant provided a diploma for the Ranger Course, dated 7 July 2000

9. Item 17 (Civilian Education and Military Schools) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he completed a three-week Airborne Course at Fort Benning, Georgia, in 1997. The applicant provided a diploma for the Airborne Course, dated 30 May 1997.

10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

11. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part it states that 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. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

12. Recondo, Raider and Jungle Warfare Training Courses are conducted by brigade and division level units throughout the Army as local training courses in combat skills. The badges awarded upon completion of these courses are awarded in accordance with local policies governing these training courses. These badges are not governed by the Department of the Army awards regulation and, as a result, they are not annotated on the DD Form 214. In accordance with Army Regulation 635-5, which governs preparation of separation documents, Recondo, Raider and Jungle Operations Training Courses are not entered under education and training of the DD Form 214 because training course for combat skills are not listed on the DD Form 214.

CONCLUSIONS:

1. The applicant is entitled to a second award of the NDSM for his honorable active service after 11 September 2001. Therefore, his DD Form 214 with an effective date of 24 March 2002 should be corrected to show the NDSM with one bronze service star.

2. The Board considered the applicant’s request that the Jungle Warfare School be shown on his DD Form 214 with an effective date of 24 March 2002. However, the governing regulation states that Jungle Warfare Training Courses are not entered under education and training of the DD Form 214 because training courses for combat skills are not listed on the DD Form 214. Therefore, there is no basis for granting the applicant’s request.

3. Evidence of record shows the applicant completed a ten-week Ranger Course in 2000. Therefore, item 14 (Military Education) on his DD Form 214 with an effective date of 24 March 2002 should be corrected to show this course.
4. Evidence of record shows the applicant completed a three-week Airborne Course in 1997. Therefore, item 14 (Military Education) on his DD Form 214 with an effective date of 24 March 2002 should be corrected to show this course.

5. 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 showing that the individual concerned was awarded the National Defense Service Medal with one bronze service star; and

         b. by adding the entries, "Ranger Course, 10 weeks, 2000" and "Airborne Course, 3 weeks, 1997" in item 14 (Military Education) on the DD Form 214 with an effective date of 24 March 2002 of the individual concerned.

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

BOARD VOTE:

WTM___ HBO___ RJW_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Walter T. Morrison__
                  CHAIRPERSON




INDEX

CASE ID AR2002080593
SUFFIX
RECON
DATE BOARDED 20030417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0069
2. 100.0700
3.
4.
5.
6.


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