PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 September 2003
         DOCKET NUMBER: AR2003085997


         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
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Shirley Powell		Chairperson
Mr. Thomas A. Pagan		Member
Mr. Walter T. Morrison		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.

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2. The applicant requests correction of item 12a (Date Entered Active Duty This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 26 August 1998. He also requests that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show all the awards to which he is entitled.

3. The applicant states that he was not in the service in 1994 and his awards were given to him after the DD Form 214 was issued to him.

4. In support of his application, the submitted three DD Forms 214; his NGB Form 22 (Report of Separation and Record of Service); orders awarding him the first and second award of the Army Good Conduct Medal; a DA Form 638 (Recommendation for Award); his DD Form 4/1 (Enlistment/Reenlistment Document), dated 31 May 1996; orders discharging him from the Army National Guard and as a Reserve of the Army; active duty orders, dated 26 August 1998; a DA Form 3286-59 (Statement for Enlistment); orders awarding him primary military occupational specialty 19K and assignment to the National Training Center in Fort Irwin, California; orders discharging him from the Regular Army; and orders for full time training duty.

5. The applicant’s military records show that he served in the Army National Guard prior to his enlistment in the Regular Army on 23 October 1986. He was discharged from active duty on 22 February 1990.

6. The applicant provided a copy of his enlistment contract which shows he enlisted in the Army National Guard on 31 May 1996 for a period of 2 years. His personnel records contain Headquarters, Puerto Rico State Area Command, Army National Guard, San Juan, Puerto Rico Orders 63-4, dated 9 April 1999 which discharged him from the Army National Guard and as a Reserve of the Army on 25 August 1998.

7. The applicant provided a copy of his NGB Form 22 which shows he served in the Army National Guard from 31 May 1996 through 25 August 1998.

8. The applicant's enlistment contract shows he enlisted in the Regular Army on 26 August 1998 for a period of 3 years.

9. The applicant provided a copy of Headquarters, 1st Squadron, 11th Armored Cavalry Regiment, Fort Irwin, California Permanent Orders 232-06, dated 20 August 2001, which awarded him the first award of the Army Good Conduct Medal for the period 20 January 1986 through 19 January 1989.



10. The applicant provided a copy of Headquarters, 1st Squadron, 11th Armored Cavalry Regiment, Fort Irwin, California Permanent Orders 232-07, dated 20 August 2001, which awarded him the second award of the Army Good Conduct Medal for the period 26 June 1996 through 25 June 1999.

11. The applicant also provided a copy of a DA Form 638, dated 21 April 2001. This document shows he was recommended for award of the Army Commendation Medal as an end of tour award for outstanding service for a period of 3 years. Part V (Orders Data) of this DA Form 638 shows the applicant was issued award of the Army Commendation Medal based on Headquarters, 11th Armored Cavalry Regiment, Fort Irwin, California Permanent Orders 235-4, dated 23 August 2001.

12. The applicant's DD Form 214 with an ending date of 25 August 2001 shows he entered active duty on 8 December 1994 and completed of 6 years, 8 months, and 18 days of active military service for this period.

13. The applicant's DD Form 214 with an ending date of 25 August 2001 shows the Driver Badge with Driver-T Bar, the Army Achievement Medal (2nd Award), the Army Service Ribbon, the Overseas Service Ribbon, the Marksman Marksmanship Qualification Badge with Pistol Bar, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, and the Parachutist Badge as authorized awards.

14. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. 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. In pertinent part, it directs that the beginning date of the continuous period of active duty will be entered in item 12a for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

CONCLUSIONS:

1. The evidence of record shows the applicant served in the Army National Guard from 31 May 1996 through 25 August 1998.

2. The applicant's enlistment contract shows he enlisted in the Regular Army on 26 August 1998. However, his DD Form 214 with an ending date of 25 August 2001 incorrectly shows he entered active duty on 8 December 1994. It appears that an administrative error has occurred in this case and the Board has determined that it would be appropriate to correct the applicant's DD Form 214 with an ending date of 25 August 2001 to show the entry: "1998 08 26" in item 12a and to show the entry: "0003 00 00" in item 12c (Net Active Service This Period).
3. The Board notes that the applicant was awarded the first award of the Army Good Conduct Medal for the period 20 January 1986 through 19 January 1989 and the second award for the period 26 June 1996 through 25 June 1999. However, based on the applicant's dates of service in the Regular Army (i.e. 23 October 1986-22 February 1990 and 26 August 1998-25 August 2001), it appears that the eligibility dates for award of the Army Good Conduct Medal are in error.

4. Based on paragraph 3, above, the Board has determined that it would be appropriate to amend:

a. Headquarters, 1st Squadron, 11th Armored Cavalry Regiment, Fort Irwin, California Permanent Orders 232-06, dated 20 August 2001 to show the entry: "Date(s) or period of service: From 23 October 1986 through 22 October 1989;" and

b. Headquarters, 1st Squadron, 11th Armored Cavalry Regiment, Fort Irwin, California Permanent Orders 232-07, dated 20 August 2001 to show the entry: "Date(s) or period of service: 26 August 1998 through 25 August 2001."

5. The applicant was awarded two awards of the Army Good Conduct Medal and the Army Commendation Medal. Therefore, his records should be corrected to show these awards.

6. 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:

a. by amending item 12a on the applicant's DD Form 214 with an ending date of 25 August 2001 to show the entry: "1998 08 26" and item 12c to show the entry "0003 00 00;"

b. by amending Headquarters, 1st Squadron, 11th Armored Cavalry Regiment, Fort Irwin, California Permanent Orders 232-06, dated 20 August 2001 to show the entry: "Date(s) or period of service: From 23 October 1986 through 22 October 1989;"

c. by amending Headquarters, 1st Squadron, 11th Armored Cavalry Regiment, Fort Irwin, California Permanent Orders 232-07, dated 20 August 2001 to show the entry: "Date(s) or period of service: 26 August 1998 through 25 August 2001;" and
d. by adding award of the Army Good Conduct Medal (2nd Award) and the Army Commendation Medal to his DD Form 214 with an ending date of 25 August 2001.

BOARD VOTE:

SP______ WTM____ TAP____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Shirley Powell________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085997
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030909
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	100.0000
2.	107.0000
3.
4.
5.
6.