RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 March 2005
      DOCKET NUMBER:  AR20040001790


      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. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Mr. Antonio Uribe                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 12 (Record of Service), item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized All Periods of Service), and item 14 (Military Education) of her
DD Form 214 (Certificate of Release or Discharge from Active Duty) be
corrected.

2.  The applicant states that she joined the Army in January 1991 and was
discharged in March 1999, so item 12c (Net Active Service this Period) is
incorrect and item 12e (Total Prior Inactive Service) is also incorrect.
Item 12h (Effective Date of Pay Grade) is also incorrect because she
received her rank in September 1997.

3.  The applicant states that she was part of a unit that was awarded the
Meritorious Unit Commendation (MUC) during Operation Desert Storm.  She
should have been awarded the National Defense Service Medal and she was
awarded the Army Achievement Medal in 1994, the Army Reserve Component
Achievement Medal, and the Noncommissioned Officer Professional Development
Ribbon (NPDR) in 1993.

4.  The applicant states that she completed the Primary Leadership
Development Course (PLDC) in 1993.

5.  The applicant provides her DD Form 214; MUC orders; two Retirement
Points Account Summary sheets dated 11 May 2001 and 8 July 2004; U. S. Army
Reserve (USAR) discharge orders; sergeant promotion orders dated September
1997; revocation of promotion orders dated 29 February 1998; two
Certificates of Achievement dated 23 December 1991 and 17 January 1992; an
Adjutant General Corps Regiment Certificate of Affiliation; a PLDC diploma
with related DA Form 1059 (Service School Academic Evaluation Report); a
Personnel Management Specialist Course diploma; and a basic training
completion certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on      13 January 1992.  The application submitted in this case is dated 6
May 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of her records to show award of the
Army Achievement Medal.  There are no orders or other evidence authorizing
award of this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request award of the
Army Achievement Medal under the provisions of section 1130 of Title 10, U.
S. Code.  She has been notified by separate correspondence of the
procedures for applying for this decoration under section 1130 and, as a
result, it will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted in the USAR on 14 January 1991.  She enlisted
for unit of choice option and assignment to Headquarters and Headquarters
Company (HHC), Third U. S. Army.  Her DA Form 2-1 (Personnel Qualification
Record) shows she was assigned to HHC, Third U. S. Army.

5.  Headquarters, U. S. Army Forces Central Command Personnel Command
Permanent Orders 97-71 dated 30 April 1991 announced award of the MUC to
HHC, U. S. Army Forces Central Command for the period 2 August 1990 to
  30 April 1991.  Third U. S. Army was the Army component of Central
Command. Department of the Army General Orders Number 22 dated 30 August
1991 awarded the MUC to the unit.

6.  The applicant was ordered to initial active duty for training (IADT) on
            20 August 1991.  She was released from IADT on 13 January 1992.

7.  Item 12c of the applicant's DD Form 214 shows she completed 4 months
and 24 days of net active service that period.  Item 12e shows she
completed a total of 7 months and 6 days of total prior inactive service.
Item 12h shows her date of rank (of private, E-1) as 14 January 1992.

8.  Item 13 of the applicant's DD Form 214 shows she was awarded the Army
Service Ribbon and the Marksman Marksmanship Qualification Badge (Rifle
M-16).

9.  Item 14 of the applicant's DD Form 214 shows she completed the
Personnel Management Specialist course in January 1992.

10.  The applicant completed PLDC in June 1993.  She was awarded the Army
Reserve Component Achievement Medal in January 1995.  She was promoted to
sergeant on 3 September 1997.  The applicant provided a promotion
revocation order dated 29 February 1998; however, it does not identify what
orders number was revoked.

11.  The applicant was discharged from the USAR on 9 March 1999.

12.  In the processing of this case, administrative correction, if
possible, was requested from the U. S. Army Human Resources Command – St.
Louis.  That command issued a DD Form 215 (Correction to DD Form 214)
adding the MUC and the Army Reserve Component Achieve Medal (but not the
National Defense Service Medal, the Army Achievement Medal, or the NPDR
since there were no orders showing she was awarded those awards).  Per
request of the ABCMR, that DD Form 215 was voided.

13.  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.  In pertinent part 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.

14.  Army Regulation 635-5 states that the instructions for completing item
14 of the DD Form 214 are to enter in-service training courses successfully
completed during the period of service covered by the DD Form 214.

15.  Army Regulation 600-8-22 provides Army policy and criteria concerning
individual military decorations.  It states that the National Defense
Service Medal is awarded for honorable active service for any period
between 27 June 1950 and 27 July 1954, both dates inclusive, between 1
January 1961 and 24 August 1974, both dates inclusive, between 2 August
1990 and 30 November 1995, both dates inclusive, and between 11 September
2001 to a date to be determined.

16.  Army Regulation 600-8-22 shows that the NPDR was established by the
Secretary of the Army on April 1981.  It is awarded to members of Active
Army, Army National Guard, and US Army Reserve soldiers for successful
completion of designated NCO professional development courses.  The basic
NPDR is awarded upon graduation from PLDC or PLDC – Reserve Component.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was discharged from the USAR in March 1999, her
DD Form 214 was meant to be a reflection of her service as of the day she
was released from that current period of active duty.
2.  The applicant did enlist in the USAR in January 1991; however, she did
not enter active duty until 20 August 1991.  Item 12 of her DD Form 214 was
meant to reflect her service as of the date of her release from active duty
on 13 January 1992.  Therefore, item 12c correctly reflects her net active
service for that particular period of service and item 12e correctly
reflects her total prior inactive service as of 13 January 1992.  Since it
appears she was not promoted to sergeant until 5 years after the ending
period of her DD Form 214, item 12h correctly reflects her date of rank as
of 13 January 1992.  Item 14 would not reflect PLDC since she completed it
after the ending date of the DD Form 214.

3.  Item 13 is an exception to the general rule for completion of the DD
Form 214. The instructions for completing this item are to enter awards and
decorations for all periods of service.  However, it is still limited to
all awards and decorations awarded as of the ending date of the DD Form
214.  That is, future awards are not added to the DD Form 214; however,
awards and decorations earned prior to the service covered by that
particular DD Form 214 are entered.

4.  Therefore, the MUC should be added to the applicant's DD Form 214 as it
was awarded to a unit during a period of time the applicant was assigned to
it even though it was for a period of time prior to the period covered by
the DD Form 214.  The NPDR and the Army Reserve Component Achievement
Medal, on the other hand, would not be entered as they were earned after
the ending date of the DD Form 214.

5.  The applicant met the eligibility criteria for award of the National
Defense Service Medal and it should also be added to her DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__wtm___  __rd____  __au____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that the DD Form 214 of the
individual concerned be corrected by showing she was awarded the
Meritorious Unit Commendation and the National Defense Service Medal.

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
amending her DD Form 214 to show she was awarded the Army Reserve Component
Achievement Medal; to show her sergeant effective date of pay grade in item
12h; to show she completed the Primary Leadership Development Course in
item 14, or to change items 12c or 12h.




            __Walter T. Morrison__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040001790                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050301                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.04                                  |
|2.                      |100.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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