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ARMY | BCMR | CY2002 | 2002083530C070215
Original file (2002083530C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
                                   
        

         BOARD DATE: 3 July 2003
         DOCKET NUMBER: AR2002083530


         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. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Ms. Kathleen A. Newman Member
Mr. Patrick H. McGann, Jr. 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his date of birth as 17 March 1971 not 29 February 1972. He requests that the DD Form 214 reflect his service in Guantanamo, Cuba, and his award of the Drivers/Mechanics Qualification Badge, the Army Superior Unit Award and two Certificates of Achievement, dated 7 March 1995 and, 1October 1996 respectively.

3. The applicant states that these items were omitted from his DD Form 214 and he requests that they be added.

4. The applicant’s military records show that he entered active duty on 28 January 1994. His DA Form 4/1 shows his date of birth as 17 March 1971. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) of 88M (Motor Transport Operator). He was released from active duty on 27 January 1998 having honorably completed his required active service.

5. His DD Form 214 shows that he received the Army Achievement Medal with one oak leaf cluster, the Good Conduct Medal, the National Defense Service Medal, the Armed Forces Service Medal, the “NATO Medal”, the Army Service Ribbon, and the Army Overseas Ribbon. Block 18, Remarks, shows that he served in Bosnia from 7 January 1996 through 26 November 1996. It lists his date of birth as 29 February 1972.

6. Headquarters, 4th Infantry Division Orders 028-11, assigned the 68th Corps Support Battalion to temporary duty in Guantanamo, Cuba for the period 22 September 1994 through 22 March 1995. The record shows that the applicant was assigned to this unit on 21 September 1994.

7. On 6 December 1996 the Secretary of the Army approved award of the Army Superior Unit Award to those units participating in Task Force Eagle for the period of 10 April 1994 through 7 November 1996. Included in the list of participating units was the applicant’s unit, the 123rd Main Support Battalion.

8. On 7 March 1995 the applicant received a Certificate of Achievement signed by his commanding officer, a lieutenant colonel.

9. On 8 August 1995, 68th Corps Support Battalion Permanent Orders 220-1 awarded the applicant the Drivers and Mechanic Qualification Badge.

10. On 1 October 1996 the applicant received a Certificate of Achievement signed by his commanding officer, a lieutenant colonel.

11. The applicant submits copies of his United States passport and marriage register that show his date of birth as 17 March 1971.
12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part for award of the Driver and Mechanic Qualification Badge. To receive award, the individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8000 miles have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record, and must Perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.

13. Army Regulation 600-8-22 provides, in pertinent part, for award of the Army Superior Unit Award. It is awarded for outstanding meritorious performance of a difficult and challenging mission under extraordinary circumstances during peacetime. The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart and above other units with similar missions, defines peacetime as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has been recognized by another unit award.

14. Army Regulation 635-5 sets forth the policy and procedures for the completion of the DD Form 214. In pertinent part, the regulation states that awards and decorations for all periods of service will be listed in the priority sequence as specified in Army Regulation 600-8-22 in block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). The regulation does not include Certificates of Achievement awarded by local commands.

CONCLUSIONS:

1. Current regulations do not provide for inclusion of Certificates of Achievement issued by local commands in block 13 (awards). Therefore, the Board finds that the certificates should not be included on the applicant’s DD Form 214.

2. The Board finds that there is sufficient evidence to show that the applicant did serve at Guantanamo, Cuba for the period of 22 September 1994 through 22 March 1995.

3. The Board finds that the applicant is entitled to and was authorized award of the Army Superior Unit Award and the Driver and Mechanic Qualification Badge.

4. The Board concludes that the evidence supplied by the applicant does show that his date of birth is 17 March 1971 not 29 February 1972.

5. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct errors.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned:

a. was born on 17 March 1971;

b. at Guantanamo, Cuba for the period of 22 September 1994 through 22 March 1995; and,

c. was awarded the Army Superior Unit Award and the Driver and Mechanic Qualification Badge.

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

BOARD VOTE:

_RVO___ __KAN___ __PHM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Raymond V. O'Connor, Jr.___
                  CHAIRPERSON



INDEX

CASE ID AR2002083530
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT,(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. Foreign service
2. DOB
3. Drivers Badge
4. ASUA
5. Cert of Achievement
6.


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