Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002083111C070215
Original file (2002083111C070215.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 February 2003
         DOCKET NUMBER: AR2002083111


         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:

Ms. Joann H. Langston Chairperson
Mr. Lester Echols Member
Mr. Allen L. Raub 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 records be corrected to show that he earned three awards of the Army Achievement Medal (AAM 2nd Oak Leaf Cluster) and the Army Commendation Medal (ARCOM); and that he is a high school graduate.

3. The applicant states, in effect, that he was issued orders awarding him three AAMs and one ARCOM and that these awards were not included in his separation document (DD Form 214). He also claims that he graduated from high school before entering the Army, but Item 15b (High School Graduate or Equivalent) contains a check mark in the “No” block, indicating that he was not a high school graduate. In support of his application, he provides copies of the award recommendations (DA Form 638) that contain approvals and orders numbers, and a copy of his high school diploma.

4. The applicant’s military records show that he entered the Army for 3 years on 21 July 1999. He was trained in, awarded, and served in military occupational specialty (MOS) 45T (BFVS Turret Mechanic), and he continuously served on active duty for 3 years until being honorably separated on 20 July 2002.

5. Item 17 (Civilian Education and Military Schools) of the applicant’s Personnel Qualification Record (DA Form 20) confirms that he completed 4 years at Centennial High School in 1999, and the applicant provides a copy of his high school diploma that corroborates this entry.

6. The DD Form 214 issued to the applicant on the date of his separation,
20 July 2002, does not include the AAM (2nd Oak Leaf Cluster) or the ARCOM in the list of authorized awards contained in Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), and Item 15b
(High School Graduate or Equivalent) contains a check mark in the “No” block, which indicates that he was not a high school graduate on the date of his separation.

7. The DA Forms 638 provided by the applicant confirm that he was awarded three AAMs in the following orders on the dates indicated: Permanent Orders Number 276-10, 3 October 2001; Permanent Orders Number 011-100,
11 January 2002; and Permanent Orders Number 039-14, 26 February 2001. In addition, he was awarded the ARCOM in Permanent Orders Number 109-2, dated 22 April 2002.


8. Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy. It states, in pertinent part, that recommendations for, approval of, and authorizing orders for award of the AAM and the ARCOM will be included in the DA Form 638. Further, Paragraph 6-3 states that a bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, the AAM is included among these awards.

9. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. Chapter 2, provides item by item guidance for DD Form 214 entries. It states, in pertinent part, that the entry in Item 15b (High School Graduate Or Equivalent) will be marked “Yes” if the soldier is high school graduate.

CONCLUSIONS:

1. The Board notes the applicant’s contention that the DD Form 214 he was issued upon his separation on 20 July 2002 should be corrected to add the three awards of the AAM and the ARCOM; and to show that he was a high school graduate, and it finds this claim has merit.

2. The evidence provided by the applicant clearly confirms that during his active duty tenure, he was awarded the ARCOM and the AAM on three occasions by the proper authority and that orders were published authoring these awards. Therefore, the Board concludes it would be appropriate to correct the applicant’s DD Form 214 to add the ARCOM and the AAM (2nd Oak Leaf Cluster) to the list of authorized awards contained in Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized).

3. The applicant’s Personnel Qualification Record (DA Form 20) confirms that he completed 4 years at Centennial High School in 1999, and this record entry is corroborated by the high school diploma provided by the applicant. Therefore, the Board concludes that Item 15b (High School Graduate Or Equivalent) of the applicant’s DD Form 214 should be corrected to show the entry “Yes”.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the 20 July 2002 DD Form 214 of the individual concerned to add the Army Commendation Medal and Army Achievement Medal 2nd Oak Leaf Cluster; and by amending the entry in
Item 15b (High School Graduate Or Equivalent) to “Yes”.

BOARD VOTE:

__JHL__ __ LE _ __ ALR __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Raymond V. O’Connor, Jr._
                  CHAIRPERSON




INDEX

CASE ID AR2002083111
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/02/20
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0025
2. 107.0020
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY2003 | 2003088732C070403

    Original file (2003088732C070403.rtf) Auto-classification: Approved

    The applicant provides a letter of explanation; a DD Form 214 for the period ending 28 February 2003; a DD Form 214 for the period ending 5 December 1999; three DA Forms 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal); five DA Forms 638 (Recommendation for Award); DA Form 2-1 (Personnel Qualification Record); DA Form 2A (Personnel Qualification Record, Part I); DA Form 1059 (Service School Academic Evaluation Report), dated 8...

  • ARMY | BCMR | CY2009 | 20090021512

    Original file (20090021512.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a second award of the Army Commendation Medal (ARCOM) and a third award of the Army Achievement Medal (AAM). This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. There are no...

  • ARMY | BCMR | CY2010 | 20100016022

    Original file (20100016022.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM) with two oak leaf clusters, Army Achievement Medal (AAM) with one oak leaf cluster, and Driver and Mechanic Badge with Driver-W Bar. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 the ARCOM and AAM and b....

  • ARMY | BCMR | CY2015 | 20150005552

    Original file (20150005552.txt) Auto-classification: Denied

    The applicant's record is void of any evidence that shows he was selected for promotion to MSG/E-8. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 7, in effect at the time, prescribes the centralized promotion system and the selection and promotion to grades E-7, E-8, and E-9. There is no evidence and the applicant has not provided any to show that he should have been promoted to MSG/E-8.

  • ARMY | BCMR | CY2002 | 2002073143C070403

    Original file (2002073143C070403.rtf) Auto-classification: Approved

    He also requests correction of records to show he completed the Basic Noncommissioned Officer Course (BNCOC), the "Funds Clerk Course" and to show that he was awarded the Air Assault Badge. In support of his application, he submits a copy of his DD Form 214; his GED official report; two GED diplomas; orders awarding him the Air Assault Badge; a Certificate of Training from the Air Assault School; his diploma from the Chaplain Assistant BNCOC; his Verification of Military Experience and...

  • ARMY | BCMR | CY2009 | 20090018846

    Original file (20090018846.txt) Auto-classification: Approved

    The applicant provides the following documents: a. a DA Form 638 (Recommendation for Award), dated 21 May 2001, recommending him for award of the Army Commendation Medal (ARCOM) for the period 14 April 1999 to 29 September 2001; b. a DA Form 638, dated 15 December 2000, awarding him the Army Achievement Medal (AAM) (1st oak leaf cluster) for the period 18 July 2000 to 20 January 2001, by 2nd Battalion 505th Parachute Infantry Regiment, Permanent Order Number 017-033, dated 8 January 2001; c....

  • ARMY | BCMR | CY2004 | 20040010324C070208

    Original file (20040010324C070208.doc) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Commendation Medal (ARCOM) with 1 Oak Leaf Cluster (1 OLC); the award of the Army Achievement Medal (AAM); the Armed Forces Expeditionary Medal AFEM); The Global War on Terrorism Expeditionary Medal (GWOTEM); the Global War on Terrorism Service Medal (GWOTSM); and the second award of the National Defense Service Medal (NDSM). The applicant provides a DD...

  • ARMY | BCMR | CY2010 | 20100020938

    Original file (20100020938.txt) Auto-classification: Approved

    The applicant provides: * Orders awarding him the CIB * A memorandum from his commander with a copy of Permanent Orders 337-002 requesting that the applicant be awarded the AFEM for participating in combat operations in Afghanistan during the period 10 October 2001 to 7 January 2002 * A memorandum from his commander with a copy of Permanent Orders 337-01 requesting that the applicant be awarded the AFEM with Arrowhead Device for a combat jump into enemy territory on 19 October 2001 * A...

  • ARMY | BCMR | CY2014 | 20140001975

    Original file (20140001975.txt) Auto-classification: Approved

    The applicant states he retired from the U.S. Army Reserve (USAR) on 31 December 1997 and these awards were not added to his records. The applicant provides: * DD Form 214 (Report of Separation from Active Duty), with an effective date of 12 July 1979 * DA Form 2-1 (Personnel Qualification Record) * a letter from National Personnel Records Center, St. Louis, MO, dated 17 January 2014 * a DA Form 638 (Recommendation for Award) and a certificate that show he was awarded the MSM * three...

  • ARMY | BCMR | CY2009 | 20090009589

    Original file (20090009589.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. c. Records fail to show the applicant was wounded in action in the RVN prior to 10 September 1968. d. Entries on two Clinical Record Cover Sheets indicate that Headquarters, 2nd Surgical Hospital (Mobile Army), RVN, General Orders Number 213, dated 11 September 1968, awarded the applicant the...