RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 January 2004
         DOCKET NUMBER: AR2003088732


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Lester Echols		Member
Ms. Yolanda Maldonado		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 2003 to show eight awards of the Army Achievement Medal (AAM), two awards of the Overseas Service Ribbon, and the Army Lapel Button in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). He also requests that the Primary Leadership Development Course, the Basic Military Police Course, the Airborne School, the Combat Lifesaver Course, and the Customs Course be added to item 14 (Military Education) on this DD Form 214.

2. The applicant states that these items were omitted from his DD Form 214.

3. The applicant provides a letter of explanation; a DD Form 214 for the period ending 28 February 2003; a DD Form 214 for the period ending 5 December 1999; three DA Forms 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal); five DA Forms 638 (Recommendation for Award); DA Form 2-1 (Personnel Qualification Record); DA Form 2A (Personnel Qualification Record, Part I); DA Form 1059 (Service School Academic Evaluation Report), dated 8 February 1993; a diploma for the Primary Leadership Development Course; a diploma for the Basic Military Police Course; a diploma for the Airborne Course; a certificate of training for the Combat Lifesaver Course; and a certificate of training for the Customs Customer Service Representative Course.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted on 9 May 1991. He served as a combat engineer in Korea from 2 September 1991 through 1 September 1992.

2. DA Form 638-1, dated 29 June 1992, shows the applicant received the AAM for meritorious service for the period August 1991 to August 1992.

3. The applicant's DA Form 2-1 shows that he completed the Combat Lifesaver Course in Korea in 1992.

4. The applicant completed the 3-week Airborne Course on 20 November 1992.

5. DA Form 1059, dated 8 February 1993, shows the applicant completed the Primary Leadership Development Course on 5 February 1993.

6. DA Form 638-1, dated 10 May 1993, shows the applicant received the AAM with First Oak Leaf Cluster for meritorious service for the period 16 September 1992 to 6 April 1993.
7. DA Form 638-1, dated 7 December 1993, shows the applicant received the AAM with Second Oak Leaf Cluster for meritorious service for the period
8 November 1993 to 16 November 1993.

8. The applicant completed the Basic Military Police Course on 24 June 1994.

9. The applicant served as a squad leader in Germany from 25 July 1994 through 17 March 1998.

10. The applicant completed the Customs Customer Service Representative Course on 18 November 1994.

11. DA Form 638, dated 20 July 1996, shows the applicant received the AAM for meritorious achievement for the period 15 April 1996 to 20 July 1996.

12. DA Form 638, dated 26 July 1999, shows the applicant received the AAM with Fourth Oak Leaf Cluster for meritorious service for the period 21 February 1999 to 7 August 1999.

13. DA Form 638, dated 28 September 1999, shows the applicant received the AAM with Fourth (sic) Oak Leaf Cluster for meritorious service for the period 29 April 1998 to 5 December 1999. (This period completely overlaps that shown on the DA Form 638 dated 26 July 1999.)

14. On 5 December 1999, the applicant was honorably discharged for completion of required active service.

15. The applicant's DD Form 214 for the period ending 5 December 1999 shows the Army Lapel Button, the Army Commendation Medal (2nd Award), the AAM
(4th Award), the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Noncommissioned Officer's Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Parachutist Badge as authorized awards in item 13. Item 14 on this DD Form 214 shows completion of the Primary Leadership Development Course, the Basic Military Police Course, the Customs Course, and the Combat Lifesaver Course.

16. DA Form 638, dated 10 September 2001, shows the applicant received the AAM for meritorious achievement for the period 4 August 2001 to 25 August 2001 while serving in the Army National Guard.

17. On 5 July 2002, the applicant was ordered to active duty in support of Operation Enduring Freedom.


18. DA Form 638, dated 16 January 2003, shows the applicant received the AAM with Sixth Oak Leaf Cluster for meritorious achievement for the period
5 July 2002 to 15 January 2003.

19. On 28 February 2003, the applicant was released from active duty.

20. The applicant's DD Form 214 for the period ending 28 February 2003 shows the Army Commendation Medal (3rd Award), the AAM (7th Award), the Army Good Conduct Medal (2nd Award), the National Defense Service Medal
(2nd Award), the Armed Forces Reserve Medal with "M" Device, the Noncommissioned Officer's Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Army Reserve Components Overseas Training Ribbon, the Parachutist Badge, and the Bronze German Army Marksmanship Badge as authorized awards in item 13. Item 14 on this DD Form 214 shows the entry, "NONE/NOTHING FOLLOWS."

21. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. This regulation provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.

22. Army Regulation 635-5 provides that item 14 will list formal in-service
(full-time attendance) training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214.

23. Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

24. Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas
tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.






DISCUSSION AND CONCLUSIONS:

1. The applicant's DD Form 214 for the period ending 5 December 1999 shows four awards of the AAM. The evidence of record shows the applicant received six awards of the AAM during the period of service covered by this DD Form 214, five for meritorious service and one for meritorious achievement. However, two awards for meritorious service are for overlapping dates of service, and as a result, only one of these awards is valid in accordance with the governing regulation. The award for the period 29 April 1998 to 5 December 1999 is a more appropriate award for meritorious service than the award for the period
21 February 1999 to 7 August 1999 due to the length of service covered. Therefore, the applicant is entitled to correction of his DD Form 214 for the period ending 5 December 1999 to show five awards of the AAM.

2. Evidence of record shows the applicant received two additional awards of the AAM following his discharge on 5 December 1999. Therefore, the applicant is entitled to a total of seven awards of the AAM which are properly reflected in item 13 on his DD Form 214 for the period ending 28 February 2003.

3. The applicant completed two overseas tours (Korea and Germany) which entitles him to two awards of the Overseas Service Ribbon. Therefore, his DD Forms 214 for the periods ending 5 December 1999 and 28 February 2003 should be corrected to show award of the Overseas Service Ribbon with Numeral "2."

4. The applicant's DD Form 214 for the period ending 5 December 1999 shows he was issued the Army Lapel Button. Therefore, his DD Form 214 for the period ending 28 February 2003 should be corrected to show this button in item 13.

5. Evidence of record shows the applicant completed the Primary Leadership Development Course, the Basic Military Police Course, the Airborne Course, the Combat Lifesaver Course, and the Customs Course prior to 5 December 1999. The governing regulation states that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed in item 14. With the exception of the Airborne Course, these courses are properly reflected in item 14 on the applicant's DD Form 214 for the period ending 5 December 1999. Therefore, the Airborne Course should be added to item 14 on this DD Form 214. In accordance with the governing regulation, there is no basis for granting the applicant's request to show completion of the Primary Leadership Development Course, the Basic Military Police Course, the Airborne Course, the Combat Lifesaver Course, and




the Customs Course on his DD Form 214 for the period ending 28 February 2003.

BOARD VOTE:

AAO___ LE______ YM________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a. by amending item 13 on his DD Form 214 for the period ending
5 December 1999 to show five awards of the Army Achievement Medal and the Overseas Service Ribbon with Numeral "2;"

         b. by amending item 14 on his DD Form 214 for the period ending
5 December 1999 to show that he completed the 3-week Airborne Course in November 1992; and

c. by amending item 13 on his DD Form 214 for the period ending
28 February 2003 to show the Overseas Service Ribbon with Numeral "2" and the Army Lapel Button.

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 for the period ending 28 February 2003 to show eight awards of the Army Achievement Medal and completion of the Primary Leadership Development Course, the Basic Military Police Course, the Airborne Course, the Combat Lifesaver Course, and the Customs Course.




                  _Arthur A. Omartian_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088732
SUFFIX
RECON
DATE BOARDED	20040127
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	100.0700
3.
4.
5.
6.