PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 September 2003
         DOCKET NUMBER: AR2003089051


         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:

Ms. Jennifer L. Prater		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Patrick H. McGann		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 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal, the Army Commendation Medal, the North Atlantic Treaty Organization (NATO) Medal, the Armed Forces Expeditionary Medal (AFEM), and a certificate of achievement. He also requests that item 26 (Separation Code) and item 27 (Reentry (RE) Code) on his DD Form 214 be changed.

3. The applicant states that he has proof of the aforementioned medals and awards. He contends that the separation code does not correspond with his honorable discharge. He also contends, in effect, that his RE code should be changed because he completed all required active service with no history of problems. In support of his application, he submits an award certificate for the Army Achievement Medal; an award certificate for the Army Commendation Medal; an award certificate for the NATO Medal; and a certificate of achievement.

4. The applicant’s military records show that he enlisted on 2 April 1998 and served as a cannon crewmember. On 1 April 2001, the applicant was honorably released from active duty, in pay grade E-3, under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service. He had completed 3 years of creditable active service.

5. The applicant's DD Form 214 shows the Army Lapel Button, the Army Service Ribbon, the Expert Marksmanship Qualification Board with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6. Item 26 on the applicant's DD Form 214 shows the entry, “LBK”.

7. Item 27 on the applicant's DD Form 214 shows the entry, "3."

8. Item 12f (Foreign Service) on the applicant's DD Form 214 shows no foreign service.

9. Item 18 (Remarks) on the applicant's DD Form 214 shows no service in Bosnia.

10. The applicant provided an award certificate which shows he was awarded the NATO Medal for service in support of Operation Joint Forge in Bosnia-Herzegovina during the period 8 March 1999 to 22 September 1999.

11. The applicant provided a certificate of appreciation for meritorious service in Bosnia.

12. The applicant provided an award certificate, dated 7 September 2000, which shows he received the Army Achievement Medal for meritorious achievement for the period 1 June 2000 to 1 September 2000. This award certificate shows that the Army Achievement Medal was published by Permanent Order Number 250-4, Headquarters, 3-82 Field Artillery, 1st Cavalry Division, dated 7 September 2000.

13. The applicant provided an award certificate, dated 20 November 2000, which shows he received the Army Commendation Medal for meritorious service. This award certificate shows that the Army Commendation Medal was published by Permanent Order Number 325-3, Commander Division Artillery, Fort Hood, Texas, dated 20 November 2000.

14. MILPER Message Number 99-157 announced the extension of Section 572, National Defense Authorization Act, FY98, November 1997, to allow award of either the AFEM or the Armed Forces Service Medal (AFSM) to service members participating in Operation Joint Forge effective 21 June 1998 to a date to be determined. Award of the AFEM is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in the countries of Bosnia-Herzegovina and Croatia, aboard US Naval Vessels operating in the Adriatic Sea, and their respective air space. Award of the AFSM is limited to only those participants in or providing direct support to Operation Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia, Serbia, and Hungary; and their respective air space.

15. Army Regulation 635-5 governs the preparation of the DD Form 214. The regulation provides, in pertinent part, 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. Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

16. Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code “LBK” is “Completion of Required Active Service” and the regulatory authority is Army Regulation 635-200, chapter 4. This separation code is used for a Regular Army soldier ineligible for, barred from, or otherwise denied reenlistment who is separated on completion of enlistment.

17. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.
18. Paragraph 3-10a(2) of Army Regulation 601-210 states that applicants with prior grade and service are eligible for enlistment if last separated in grade E-3 with not more than 2 years Active Federal Service in the Regular Army and original enlistment was for 2 years and the applicant is otherwise qualified. If last separated from any other service or component in grade E-3, a grade determination is required.

19. The Separation Program Designator Code/Reentry Code Cross Reference Table, dated March 2001, shows that SPD "LBK" will be issued a RE code of 3.

20. Paragraph 2-4h(12)(f) of Army Regulation 635-5 states that the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) will be taken from the soldier's enlisted record brief and entered in item 12f on the DD Form 214. Paragraph 2-4h(18)(f)(2) of this regulation states that item 18 will show the name of country deployed and inclusive dates of service for an active duty soldier deployed with his or her unit during their continuous period of active service.

CONCLUSIONS:

1. The applicant received the Army Achievement Medal, the Army Commendation Medal and the NATO Medal. Therefore, his DD Form 214 should be corrected to show these medals.

2. Evidence of record shows the applicant participated in support of Operation Joint Forge in Bosnia-Herzegovina during the period 8 March 1999 to
22 September 1999. Therefore, he is entitled to award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this medal.

3. The Board noted the applicant's request to show a certificate of achievement on his DD Form 214. However, the governing regulation states that certificates of achievement are not recorded on the DD Form 214.

4. The separation code and RE code used in the applicant’s case are correct and were applied in accordance with the applicable regulations. The applicant separated as an E-3 with more than 2 years of Active Federal Service.

5. The applicant has failed to show through the evidence submitted or the evidence of record that the separation code and RE code issued to him were in error or unjust. Therefore, the Board determined that there is no basis for amending items 26 or 27 on the applicant's DD Form 214.

6. 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 by showing that the applicant was awarded the Army Achievement Medal, the Army Commendation Medal, the NATO Medal, and the AFEM.

2. That item 12f on the applicant's DD Form 214 be corrected to show that he served 6 months and 14 days of foreign service and that item 18 on his DD Form 214 be corrected to show that he served in Bosnia from 8 March 1999 to
22 September 1999.

3. That so much of the application as pertains to the certificate of achievement, the separation code and the RE code be denied.

BOARD VOTE:

JLP____ AAO____ PHM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Jennifer L. Prater__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089051
SUFFIX
RECON
DATE BOARDED	20030923
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.