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ARMY | BCMR | CY2003 | 2003087501C070212
Original file (2003087501C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 November 2003
         DOCKET NUMBER: AR2003087501


         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. Victoria A. Donaldson Analyst


The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. Raymond J. Wagner Member
Ms. Mae M. Bullock 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 reconsideration of his previous application to correct his military records by correcting his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show completion of the Combat Lifesaver Course; two temporary duty assignments in Egypt and Kuwait; and two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal (First Oak Leaf Cluster)).

3. The applicant states that these items are not listed on his DD Form 214. In support of this application he submits a copy of dispersing office (DO) travel voucher number 416525, a Department of the Army Certificate of Training for the Combat Lifesaver Course and a self-authored statement.

4. The training certificate and the travel voucher provided by the applicant were not previously seen by the Board. This new evidence will be considered by the Board.

5. Incorporated herein by reference are military records which were summarized in the ABCMR's previous consideration of the applicant's case in Docket Number AR2000047320 on 22 February 2001.

6. The applicant provided a Department of the Army Certificate of Training which shows he successfully completed the Combat Lifesaver Certification Course on 23 February 1996.

7. Informal research revealed that the Combat Lifesaver course is a basic medical care course for unit nonmedical personnel.

8. DO Voucher Number 416525, dated 8 May 1998 shows that the applicant was on a Temporary Duty (TDY) assignment in Kuwait for the period 21 February 1998 through 22 April 1998.

9. There is no evidence in the applicant's personnel service records that shows that he served a TDY assignment in support of Operation Bright Star or that he was deployed to Egypt.

10. There is no evidence in the available records which shows that the applicant was recommended for or awarded any awards of the Army Commendation Medal.

12. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part it states that item 14 (military education) will list formal in service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.
13. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f. The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

14. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS
:

1. The Board considered the applicant's requests to have his DD Form 214 corrected to show completion of the Combat Lifesaver Course.

2. The applicant provided a Department of the Army Certificate of Training which shows successful completion of the Combat Lifesaver Course. The Board determined that the Combat Lifesaver Course is a basic medical care course and therefore should be noted in item 14 (Military Education) on the applicant's DD Form 214.

3. The Board considered the applicant's argument that he served a temporary duty assignment in Egypt. There is no evidence and the applicant has failed to provide evidence that supports this contention. Therefore, this claim is without merit.

4. The Board considered the applicant's argument that he served a temporary duty assignment in Kuwait. Although, the applicant's personnel service records do not show orders that he served a period of temporary duty in Kuwait, the applicant provided copy of an official travel voucher which shows that he served in Kuwait for the period of 21 February 1998 through 22 April 1998. Therefore, item 12f (Foreign Service) of the applicant's DD Form 214 should be amended to show that he served a total of 61 days of foreign service.

5. The Board considered the applicant's request for two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal (First Oak Leaf Cluster)).

6. There is no evidence and the applicant has provided no evidence which shows that he was recommended for or awarded two awards of the Army Commendation Medal. Therefore, the applicant is not entitled to correction of his DD Form 214 to show the Army Commendation Medal (First Oak Leaf Cluster).
7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by amending item 14 (Military Education) on the applicant's DD Form 214 to show the entry: "Combat Lifesaver Course" and

         b. by amending item 12f (Foreign Service) on his DD Form 214 to show that he completed 61 days of foreign.

2. That so much of the application as it relates to correction of his DD Form 214 to show overseas service in Egypt and two award of the Army Commendation Medal be denied.


BOARD VOTE:

__SK___ ___RJW__ __MMB_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON


INDEX

CASE ID AR2003087501
SUFFIX
RECON
DATE BOARDED 6 November 2003
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION Grant Partial
REVIEW AUTHORITY Mr. Schneider
ISSUES 1.
2.
3.
4.
5.
6.





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