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ARMY | BCMR | CY2004 | 20040009057C070208
Original file (20040009057C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 July 2005
      DOCKET NUMBER:  AR20040009057


      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. Lisa O. Guion                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborn              |     |Member               |
|     |Ms. Brenda K. Koch                |     |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, in effect, that his separation document (DD
Form 214) be corrected by adding the Army Achievement Medal (AAM) and Army
Commendation Medal (ARCOM) 2nd Award to Item 13 (Decorations, Medals,
Badges, Citations and Campaign Ribbons Awarded or Authorized; and by adding
the Combat Lifesaver Course, Infantry Training Course, Basic Airborne
Course and Pre-Ranger Course to Item 14 (Military Education).

2.  The applicant states, in effect, that the awards and courses in
question are not currently reflected on his separation document.

3.  The applicant provides the following documents in support of his
application:  separation document;  AAM Certificate,Combat Lifesavers
Course Certificate, Infantry Training Diploma, Airborne Course Diploma, Air
Assault Pre-Ranger Certificate, and Headquarters (HQs), 101st Airborne
(Abn) Division (Div), Permanent Orders (PO) Number (#) 334-204.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army and
entered active duty on 24 October 2000.  He completed basic combat training
and advanced individual training (AIT) at Fort Benning, Georgia.  Upon
completion of AIT, he was awarded military occupational specialty (MOS) 11B
(Infantryman).  The highest grade he attained while serving on active duty
was specialist (SPC).

2.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows, in
Item 9 (Awards and Decorations), he earned the following awards during his
active duty tenure:  Army Service Ribbon (ASR), National Defense Service
Medal (NDSM) and Army Good Conduct Medal (AGCM).  Item 17 (Civilian
Education and Military Schools) contains an entry indicating he completed
the Infantryman Training Course.

3.  The applicant provides a copy of his AAM certificate, which indicates
he was awarded this medal for meritorious achievement while assigned to
HQs,
1st Battalion (Bn), 502nd Infantry (Inf), during the period 4 through 20
February 2003.  This award was announced in PO # 049-002, dated 18 February
2003.
4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
orders, or other documents indicating the applicant was awarded or
recommended for the ARCOM at any time during his active duty tenure.

5.  The MPRJ contains a copy of HQs, United States Army Infantry Center
(USAIC) PO # 091-458, dated 1 April 2001.  These orders awarded the
applicant the Parachutist Badge for successful completion of Airborne
Training.  IT also contains a copy of HQs, 101st Abn Div and Ft Campbell PO
# 334-204, dated
30 November 2001, which awarded him the Air Assault Badge.

6.  The applicant provides training certificates indicating he completed
the following courses:  Combat Lifesavers Course, Infantry Training Course,
Airborne Training Course and Air Assault Pre-Ranger Course.

7.  On 20 December 2003, the applicant was honorably separated from the
Army after completing a total of 3 years, 1 month, and 27 days of active
military service.  The DD Form 214 he was issued shows, in Item 13, that he
earned the AGCM, NDSM, and ASR during his active duty tenure.  Item 14
contains the entry “None”.  The applicant authenticated this document with
his signature in Item 32 (Signature of Person Being Transferred or
Discharged).

8.  Army Regulation 635-5 prescribes the separation documents which are
prepared for individuals upon retirement, discharge, or release from active
military service or control of the Army.  It also establishes standardized
policy for preparing and distributing the DD Form 214.

9.  Paragraph 2-4h(14) of the separation documents regulation provides
instructions for completing Item 14 of the DD Form 214.  It 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
entered in this item.  It further states this information is to assist the
soldier in job placement and counseling; therefore, do not list training
courses for combat skills.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the ARCOM 2nd Award and all his combat
skills courses should be added to his DD Form 214 was carefully considered
and found to have partial merit.

2.  The applicant’s record includes no orders, or other documents
indicating he was ever recommended for, or awarded the ARCOM.  The ARCOM is
not included in the list of awards contained in Item 9 of his DA Form 2-1,
nor is it reflected on his separation document.  Absent any evidence of
record to confirm he received this award, there is an insufficient
evidentiary basis to add it to his record and separation document at this
time.

3.  By regulation, all formal in-service (full-time attendance) training
courses successfully completed during the period of service covered by the
DD Form 214 will be entered in Item 14 with the exception of combat skills
course.  It appears these courses were viewed to be combat skill courses
during the applicant’s separation processing, and as a result were omitted
from the DD Form 214.

4.  The interpretation that the courses in question were combat skills
courses appears to have been valid and in compliance with the regulatory
guidance.  However, the applicant’s records would not be compromised and it
would serve the interest of equity to honor his request to document these
courses in his separation document.  Thus, it would be appropriate to add
these courses to his DD Form 214 at this time.

5.  The evidence of record also shows that the applicant earned, or is
entitled to the Army Achievement Medal, Parachutist Badge and Air Assault
Badge.  As a result, it would also be appropriate to add these awards to
his record and separation document at this time.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JI ___  ___RJO _  ___BKK_  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by amending his 20 December 2003 DD Form 214 by
adding the entries
“Air Assault Pre-Ranger Course  2002”, “Airborne Course  2002”, Individual
Infantry Training  2001”, and Combat Lifesaver Course  2001” to Item 14; by
adding the Army Achievement Medal, Parachutist Badge and Air Assault Badge
to Item 13; and by providing him a corrected separation document that
includes these changes.

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
award of the Army Commendation Medal, 2nd Award.




            ____John Infante______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009057                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/07/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/12/20                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |Grant Partial                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.000                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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