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ARMY | BCMR | CY2003 | 2003083375C070212
Original file (2003083375C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 June 2003
         DOCKET NUMBER: AR2003083375


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Ronald E. Blakely Member
Mr. Frank C. Jones, II 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 separation document be corrected to add the Army Achievement Medal (AAM), the Good Conduct Medal (GCM) (second award), and the Army Expeditionary Medal (AFEM), in the section for awards and decorations. He also requests that the Weapons Qualification Course and Primary Leadership and Development Course (PLDC) be added to the military education portion of his separation document.

3. The applicant states, in effect, that he was either awarded or entitled to be awarded these decorations, and he completed the courses in question.

4. In support of his request, he submits an AAM certificate which shows that while a specialist with Company C, 1st Battalion, 15th Infantry, he participated in Operation Intrinsic Action 99-02 in Kuwait for the period 12 April through 9 July 1999. He submits a memorandum for record dated 17 February 2000 which states that all Task Force 1-15 IN personnel completed the minimum requirements for the AFEM, and he submits the orders for Task Force 1-15 IN with one page of the annex, the page which contains his name. He submits a memorandum showing that his commander requested the GCM be issued to him for the period 22 January 1997 to 21 January 2000, and Permanent Orders 346-103 dated 12 December 2001 which awards him the GCM, second award, for the period 1 January 1997 to 31 December 2000. He also submits documents showing that he completed the Infantry Weapons Specialist Course, a distance learning program.

5. The applicant’s military records show that he enlisted in the Regular Army on 23 January 1997.

6. On 10 March 2000, he completed PLDC and was promoted to pay grade E-5.

7. On 27 April 2000, he reenlisted for 2 years.

8. On 19 September 2000, he was awarded the AAM for the period 10 May 1997 to 20 November 2000.

9. On 26 April 2002, the applicant was honorably released from active duty at the expiration of his term of service. His awards include the noncommissioned officers professional development ribbon, the Army Service Ribbon, and the Overseas Service Ribbon.

10. Army Regulation 600-8-22 provides that the GCM 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 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

11. Army Regulation 635-5, in pertinent part, provides that item 25 (Military Education) of the DD Form 214, will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the separation document. The entries are to include the course title, length in weeks, and year completed. This information is to assist the soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

CONCLUSIONS:

1.The applicant completed PLDC. In accordance with AR 635-5, that course should have been listed on his separation document.

2. The applicant’s orders show that he was awarded two GCM’s. This was in error. There is no evidence of the first award, which he should have received based on his commander’s recommendation. However, he only served two years on his second enlistment. Since the GCM is for 3 years of service, with the exception of a soldier’s first term of service, he was not entitled to a second award of the GCM. However, the applicant is still entitled to have the GCM added to his separation document.

3. It appears that the Weapons Qualification Course completed by the applicant was taken by correspondence. In addition, it is a combat specific course. Since the course wasn’t a resident course and since it was combat specific, it is properly not listed on the applicant’s separation document.

4. As for the AAM, the certificate submitted by the applicant is not contained in his records. However, a different AAM certificate is contained in his records. Therefore, he is entitled to have the AAM added to his separation document. If the applicant can locate his orders for the AAM for which he was issued the certificate he submitted to the Board, he may request to have his separation document further amended to have an oak leaf cluster (second award) added to his AAM.

5. The orders submitted by the applicant verify that Task Force 1-15 IN personnel completed the minimum requirements for the AFEM. However, the one page annex submitted by the applicant cannot be positively identified as being part of the deployment order in question. The applicant may request reconsideration of this portion of his request if he submits the deployment order with complete annex.

6. 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:

         a. amending Permanent Orders 346-103 dated 12 December 2001 of the individual concerned, to delete “2nd Clasp” and to change the period of service from 1 January 1997 to 31 December 2000, to 23 January 1997 to 23 January 2000; and

         b. amending his separation document to add the GCM and the AAM in the awards section, and PLDC in the military education section.

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

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Margaret K. Patterson____
                  CHAIRPERSON




INDEX

CASE ID AR2003083375
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030624
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.
2.
3.
4.
5.
6.


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