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ARMY | BCMR | CY2003 | 2003085692C070212
Original file (2003085692C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 September 2003
         DOCKET NUMBER: AR2003085692


         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Regan K. Smith Member
Ms. Linda D. Simmons 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 in item 11 (Primary Specialty) to show he served in primary military occupational specialty (MOS) 91W for 3 years; in item 12b to show he separated on 14 November 2002; in item 13 to show he is Ranger qualified (in effect, that he was awarded the Ranger Tab); in item 14 to show he completed Airborne, Ranger, Trauma-AIMS (acronym unknown), and EMT-1 (emergency medical technician) training; and in item 19a to show his address as P. O. Box 3115 ___.

3. The applicant makes no additional statement. As supporting evidence, he provides his DD Form 214; his separation orders; a certificate of training showing he completed the 69-hour Trauma-AIMS Course on 13 June 2001; a certificate from the National Registry of Emergency Medical Technicians certifying him as a basic emergency medical technician; a certificate of graduation from the 75th Ranger Regiment showing he completed the Regimental Indoctrination Program and accorded the right to wear the Ranger black beret while assigned to the Ranger Regiment; a certificate showing he completed the Airborne Course; 82d Forward Support Battalion Permanent Orders Number 354-03 awarding him the Army Achievement Medal; a Xerox copy of three cards (one showing he completed the Army Driver's Improvement Program; one showing he completed the Driver Safety Training Program; and one showing he is a member of the Association of the United States Army); and four Certificates of Achievement.

4. The applicant’s military records show that he enlisted in the Regular Army on 12 November 1999 for 4 years. His Enlisted Record Brief shows he was assigned to Fort Sam Houston, TX (apparently his advanced individual training (AIT) station) from on or about 11 February 2000 to on or about 17 May 2000. He was apparently awarded MOS 91W (Medical Specialist) upon completion of AIT on or about 17 May 2000. His MOS orders are not available. He completed basic Airborne training and was awarded the Parachutist Badge. He was assigned to Headquarters and Headquarters Company, 4th Battalion, Ranger Training, Fort Benning, GA.

5. The applicant was awarded the Army Achievement Medal on 82d Forward Support Battalion Permanent Order Number 354-03 dated 20 December 2001.

6. Item 12b of the applicant's DD Form 214 shows he was discharged on 9 November 2002 from Fort Benning. His separation orders show his reporting date to the Transition Center as 14 November 2002. Information received from the Defense Finance and Accounting Service – Indianapolis Center (DFAS-IN) shows he separated on 14 November 2002. Neither his discharge packet nor his DD Form 214 indicate that he had any lost time. Item 12c shows he completed 2 years, 11 months, and 28 days of creditable active service.

7. Item 11 of the applicant's DD Form 214 shows he held MOS 91W for 2 years and 1 month. Item 13 shows he was awarded the National Defense Service Medal, the Army Service Ribbon, and the Parachutist Badge. Item 14 shows he completed the 3-week Airborne course. Item 19a shows his mailing address after separation as 3 Eastwood Court, ___ AR. This is the same address as listed in item 19b (Nearest Relative).

8. 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. For item 11, it states that the titles of all MOSs served for at least 1 year and the number of years and months served will be entered. For item 14, formal in-service courses completed during the period covered by the DD Form 214 (by title, length in weeks, and year completed) will be entered. For item 19a, the mailing address after separation as provided by the soldier will be entered.

9. Army Regulation 600-8-22 (Military Awards) provides for award of the Ranger Tab upon successful completion of a Ranger course conducted by the U. S. Army Infantry School or a Ranger course conducted by the Ranger Training Command at Fort Benning, GA.

10. Department of the Army Pamphlet 351-4 (U. S. Army Formal Schools Catalog) shows that Ranger Training is 8 weeks and 5 days in duration.

CONCLUSIONS:

1. The available evidence of record shows the applicant most likely was awarded MOS 91W around 17 May 2000. Therefore, by time he separated on 9 November 2002, the longest he served in that MOS was about 2 years and 6 months (2 years, 5 months, and 22 days), not 3 years. However, since his MOS orders are not available and it cannot be determined for certain how long he served in MOS 91W and because he specifically requests item 11 be corrected to show he served in MOS 91W for 3 years, no correction will be made to item 11 of his DD Form 214.

2. It appears there is an error in item 12b of the applicant's DD Form 214, which indicates he separated on 9 November 2002. His separation orders and records at DFAS-IN show he separated on 14 November 2002. There no evidence to show the applicant had any lost time. Therefore, item 12b of his DD Form 214 should be corrected to show he separated on 14 November 2002 and item 12c should be adjusted accordingly.


3. There is no evidence of record to show the applicant completed a course of instruction that would have entitled him to award of the Ranger Tab or to show that he is Ranger qualified. The certificate of graduation he provided shows only that he completed the 75th Ranger Regimental Indoctrination (emphasis added) Program and was accorded the right to wear the Ranger black beret while assigned to the Regiment. It does not show that he was Ranger-qualified or entitled to wear the Ranger Tab.

4. The Board notes that the applicant was awarded the Army Achievement Medal but this award is not listed on his DD From 214. It should be added to his DD Form 214.

5. The Airborne Course is already listed on the applicant's DD Form 214. There is no evidence of record to show he completed Ranger training. The certificate from the National Registry of Emergency Medical Technicians does not indicate that he completed any formal in-service course. He may have completed some type of training to have qualified him to earn this certification; however, there is no evidence of record and he does not provide any evidence of this training.

6. The Board concludes that the certificate of training showing the applicant completed the 69-hour Trauma–AIMS Course on 13 June 2001 is sufficient to add this 1 1/2 week course to item 14 of his DD Form 214.

7. The information entered in item 19a of the DD Form 214 is provided by the soldier upon separation. There is no evidence to show the applicant did not provide this address or that it was not a valid post-separation address at the time. Although the applicant now resides at the address to which he requests item 19a be changed, the Board notes that he was assigned to Fort Benning, GA when he separated. The Arkansas address in item 19a is the same as that listed in item 19b for his nearest relative. The Board presumes he gave that relative's address as his post-separation address and there is insufficient justification to change it at this point.

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

RECOMMENDATION:

1. That the applicant's DD Form 214 be amended to show he separated from active duty on 14 November 2002 with the necessary corrections in items 12b and 12c, to show he was awarded the Army Achievement Medal, and to show he completed the 1 1/2 week Trauma-AIMS course in 2001.


2. That so much of the application as pertains correcting the applicant's DD Form 214 to change the amount of time he served in MOS 91W, to show he was Ranger-qualified, to add the Ranger Course and EMT training, or to change his mailing address after separation be denied.

BOARD VOTE:

__jns___ __rks___ __lds___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone__
                  CHAIRPERSON




INDEX

CASE ID AR2003085692
SUFFIX
RECON
DATE BOARDED 20030935
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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