MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 31 July 2003
         DOCKET NUMBER: AR2003085411

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Ms. Gail J. Wire		Chairperson
Ms. Karen A. Heinz		Member
Mr. Robert Duecaster		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

---

APPLICANT REQUESTS: In effect, that his DD From 214 (Certificate of Release or Discharge from Active Duty) be amended to add all his service schools, his weapons qualifications, and his second Army Commendation Medal (ARCOM).

APPLICANT STATES: That his records were lost when he went overseas. Staff Sergeant R___, his noncommissioned officer in charge at Walter Reed Army Medical Center (WRAMC), recommended him for the ARCOM and told him it was sent to Korea. The applicant never received it. As supporting evidence he provides his DD Form 214 for the period ending 14 September 1998; a list of 5 individuals at WRAMC who are aware the applicant was awarded the ARCOM; a memorandum dated 18 December 1997 verifying his records were lost; a diploma showing he completed the 13-week and 3-day 31M course in 1987; a certificate of Signal Corps affiliation; and a 13-page DD Form 2586 (Verification of Military Experience and Training).

EVIDENCE OF RECORD: The applicant's military records (which are fairly complete except they fail to indicate, but for information contained in his physical disability board proceedings, his assignment to Korea) show:

He enlisted in the Army National Guard in 1987. He was ordered to initial active duty for training in March 1987. He was released from active duty on 20 August 1987. His DD Form 214 for the period ending 20 August 1987 shows he completed the 14-week Multichannel Communications Systems Operator course in August 1987. It also shows he was awarded the Army Service Ribbon and the Sharpshooter Qualification Badge with Rifle Bar.

The applicant enlisted in the Regular Army on 13 July 1989. He was released from active duty under the provisions of Army Regulation 635-200, chapter 11 on 12 October 1989. His DD Form 214 for the period ending 12 October 1989 shows he was awarded the Army Service Ribbon and the Sharpshooter Qualification Badge with Rifle Bar and that he completed no military education.

The applicant reenlisted in the Army National Guard on an unknown date. He was awarded the ARCOM for achievement (for an incident that occurred while on active duty) on State of Illinois Permanent Orders 81-4 dated 10 November 1992.

The applicant reenlisted in the Regular Army on 13 October 1993. He completed the 10-week 91B Medical Specialist course in 1993. He was assigned to WRAMC from around September 1994 until he was reassigned to Korea around December 1997. His records were apparently lost at that time. He was assigned to Medical Hold Company, Brooke Army Medical Center in April 1998. He was placed on the Temporary Disability Retired List effective 15 September 1998.

The applicant's DD Form 214 for the period ending 14 September 1998 shows he was awarded the ARCOM, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Military Medal of Merit, and the Drivers Badge with Wheel bar. It shows he completed the 10-week Medical Specialist Course in 1993.

The applicant's DA Form 2-1 (Personnel Qualification Record), dated 14 October 1993 and reviewed by the applicant on 17 April 1998, does not show he was awarded a marksmanship qualification badge.

Pages 1 through 11 of the DD Form 2586 provided by the applicant list his military experience. Pages 12 and 13 list his military training – a 10-week Medical Specialist course; an 8 - 16 week Multichannel Communications Systems Operator course; and basic training.

The staff of the Board attempted to call the points of contact at WRAMC given by the applicant. Either they were no longer assigned there or failed to return phone calls. Staff Sergeant R___ is no longer assigned to WRAMC. The WRAMC Awards Section could not find the applicant's ARCOM on their available orders log.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The instructions for completing item 14 (Military Education) are to list in-service training courses successfully completed during the period of service covered by the DD Form 214.

Army Regulation 350-1 (Army Training and Education) states in pertinent part that Army Medical Department personnel will train and qualify with individual small arms (pistols and rifles). Individuals in duty positions not assigned individual weapons are exempted from that requirement.

Title 10, U. S. Code, section 1130 provides that the Service concerned will review a proposal for the award of a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law. A separate DA Form 638, Recommendation for Award must be submitted. The unit, the period of assignment, and the award being recommended must be clearly identified. A narrative of the actions or period for which the recognition is recommended must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.
The law also requires that a request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requestor. The request should be sent, through the Member of Congress, to: Commander, U. S. Total Army Personnel Command, ATTN: TAPC-PDO-PA (Awards Branch), Room 3S67, Hoffman II, 200 Stovall Street, Alexandria, VA 22332-0400.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. Based upon the available evidence, the Board concludes that there is no error on the applicant's DD Form 214 for the period ending 14 September 1998.

2. The evidence of record and the evidence provided by the applicant shows he completed only two courses (aside from basic training) – the Multichannel Communication Systems Operator Course in 1987 and the Medical Specialist Course in 1993. Since the regulation provides that only in-service training courses successfully completed during the period of service be entered on the DD Form 214 for that period of service, his DD Form 214 for the period ending 14 September 1998 correctly lists only the Medical Specialist Course.

3. The Board is cognizant that the applicant's personnel records were missing for a period of time. However, he reviewed his DA Form 2-1 in April 1998. At that time, his DA Form 2-1 contained no entry to show he completed weapons qualification during his last period of service.

4. Since the applicant's personnel records contain little information regarding his assignment in Korea, the Board cannot make a reasonable determination if he might have been assigned to the type of unit that would have exempted him from weapons qualification training. His Sharpshooter Qualification Badge with Rifle bar that he earned during his prior service is shown on his DD Form 214 for his prior period of service. The Board concludes that there is insufficient evidence to add that or any other marksman qualification badge to his DD Form 214 for the period ending 14 September 1998.

5. Efforts to verify with WRAMC when or whether the applicant was awarded his second ARCOM failed. The applicant may submit a reconstructed DA Form 638 in accordance with Title 10, U. S. Code, section 1130, as outlined above. In the event the U. S. Total Army Personnel Command fails to award the ARCOM as requested, the applicant may submit his request for the award, with the DA Form 638, the denial, and all supporting evidence to the Board for reconsideration.

6. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__gjw___ __kah___ __rd____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

---

INDEX

CASE ID	AR2003085411
SUFFIX
RECON
DATE BOARDED	20030731
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	100.00
2.
3.
4.
5.
6.