PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 April 2003
         DOCKET NUMBER: AR2002083040


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Lester Echols		Member
Ms. Marla J. Troup		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, in effect, that Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) and Item 14 (Military Education) of his 3 September 2000 separation document (DD Form 214) be corrected.

3. The applicant states, in effect, that Item 13 of his 3 September 2000 DD Form 214 should be corrected to add two Army Achievement Medals, a Humanitarian Service Medal (HSM), for his participation in Task Force Rugged Pacemaker, and the North Atlantic Treaty Organization (NATO) Medal, for service in Hungary and Bosnia. In addition, he claims that Item 14 should be corrected to add all the military education courses he completed. In support of his application he submits the following documents: Recommendation for Award (DA Form 638); Reserve Components Achievement Medal Certificate; Primary Leadership Development Course Certificate of Completion; Certificate of Appreciation, for service in support of Task Force Rugged Pacemaker; course completion certificates and student records for several courses completed between September 1993 and June 1999; and a 1991 letter of congratulations for being an honor graduate at Fort Leonard Wood, Missouri in 1991.

4. The applicant’s military records show that he served in the United States Army Reserve (USAR) from 28 December 1989 through 22 February 1993, and that he enlisted in the Regular Army on 23 February 1994. He was trained and served in military occupational specialty (MOS) 62F (Crane Operator) and the highest rank he attained was sergeant/E-5.

5. The record also shows that the applicant served in Germany from 7 February 1997 through the completion of his overseas tour on 8 February 1999. There is no other overseas service documented in his record, and no specific indication that he ever served in Hungary or Bosnia during his active duty tenure.

6. On 5 September 2000, the applicant was honorably discharged after completing 6 years, 6 months, and 11 days of active military service on that period of active duty service. Item 13 of the DD Form 214 issued to him on the date of his separation confirms that he earned the following awards during his tenure on active duty: Army Good Conduct Medal (2^nd Award); National Defense Service Medal; Noncommissioned Officer Professional Development Ribbon; Army Service Ribbon; Overseas Service Ribbon; and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. Item 14 contains the entry none, which indicates that he completed no formal military education courses during the active duty period covered by the separation document.

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7. The DA Form 638 provided by the applicant confirms that he was awarded the Army Achievement Medal (AAM) for meritorious achievement in support of Task Force Rugged Pacemaker’s Cash Creek Fire Suppression Mission, for the period
11 August 1994 through 8 September 1994. In addition, the Department of the Army (DA) Certificate, issued by the commander of the 623^rd Quartermaster Company, Fort Lewis, Washington, verifies that he received the Army Reserve Components Achievement Medal (ARCAM), for the period 28 December 1989 through 28 December 1993.

8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 4-18 outlines the criteria for award of the ARCAM and it states, in pertinent part, that it is awarded upon completion of four years of qualifying service on or after 3 March 1972. The Military Awards Branch, Total Army Personnel Command (PERSCOM), publishes an up-to-date list of operations for which the HSM Medal has been authorized since the publication date of the regulation, this list does not contain a reference to Task Force Rugged Pacemaker.

9. Army Regulation 635-5 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. Paragraph 2-4 contains instructions for completing the DD Form 214. The entry instructions for Item 13 state, in pertinent part, that awards and decorations for all periods of service will be listed in the priority sequence. The instructions for Item 14 state, in pertinent part, that only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered. It further specifies that a complete list of formal training courses are listed in DA Pamphlet 351-4 (U.S. Army Formal Schools Catalog).

CONCLUSIONS:

1. The evidence of record confirms that the applicant was awarded an AAM and ARCAM prior to receiving the DD Form 214 in question. Therefore, the Board concludes that it would be appropriate to add these awards to his record at this time.

2. The Board also notes the applicant’s claim of entitlement to the NATO Medal and the HSM. However, it finds insufficient evidence to support this claim. The evidence of record and independent evidence submitted by the applicant fails to provide sufficient evidence to show that he served in Hungary or Bosnia or that he participated in an operation that qualified for award of the HSM. Thus, the Board finds insufficient evidence to support granting this specific requested relief.

3. The Board also carefully reviewed the military education documents provided by the applicant in order to determine if it would be appropriate to add any of these completed courses to Item 14 of his DD Form 214. However, by regulation, only those formal courses listed in Department of the Army Pamphlet 351-4 may be recorded in Item 14 of the separation document, and none of the courses listed in the documents provided by the applicant are included in the list of formal schools contained in the pamphlet. Thus, the Board finds no basis for adding the courses in question to applicant’s separation document 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 amending the 3 September 2000 DD Form 214 of the individual concerned, by adding the Army Achievement Medal and Reserve Components Achievement Medal to Item 13; and by issuing him a corrected separation document that includes these awards.

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

BOARD VOTE:

__fe ____ __mt____ ___le____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Fred N. Eichorn_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002083040
SUFFIX
RECON
DATE BOARDED	2003/04/10
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	2000/03/03
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 8	100.0700
2. 46	107.0000
3.
4.
5.
6.