RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 SEPTEMBER 2005
DOCKET NUMBER: AR20040011355
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 |
| |Mr. Ronald DeNoia | |Analyst |
The following members, a quorum, were present:
| |Ms. Shirley Powell | |Chairperson |
| |Mr. Robert Duecaster | |Member |
| |Ms. Jeanette McCants | |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 his DD Form 214 (Certificate of Release or
Discharge from Active Duty), with a separation date of 1 October 2004 be
changed to show corrections to item 9, the command to which he was
transferred; item 13, the award of the Army Achievement Medal (AAM); and
item 19b, to show the name of his nearest relative as his wife instead of
his mother.
2. The applicant states that his record should be corrected.
3. The applicant provides a DD Form 214, a DA Form 638 (Recommendation for
Award), an AAM Certificate, DA Form 93 (Record of Emergency Data) and DD
Form 4/DD Form 1966 series (Enlistment Documents).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in Troop H, 124th Cavalry of the Texas Army
National Guard (TXARNG) on 16 December 2003. Upon completion of basic
training and advanced individual training he was awarded the military
occupational specialty (MOS) 92Y (Unit Supply Specialist). He was
separated from active duty after training and returned to his National
Guard unit.
2. The applicant’s military records are not available to the Board for
review. The Board will conduct a review of this case using documents
provided by the applicant.
3. The DA Form 638 and the AAM Certificate show that the applicant was
awarded the Army Achievement Medal for being the Distinguished Honor
Graduate during his advanced individual training course by Headquarters,
266th Quartermaster Battalion Permanent Order Number 273-002, dated
30 September 2004.
4. Item 19b of the applicant's DD Form 214 contains the name of his
mother.
5. Item 4a of the applicant's DA Form 93 contains the name of his wife.
6. Army Regulation 635-5 (Separation Documents) provides that item 9 of
the DD Form 214 will contain "the applicable location dependent on the
soldier’s status on transition."
7. AR 635-5 also provides that the mailing address after separation and
nearest relative will be provided by the Soldier. This regulation states
that the signature of the Soldier being separated indicates the Soldier has
reviewed the form and accepts the information as being correct to the best
of their knowledge.
DISCUSSION AND CONCLUSIONS:
1. Based on permanent orders the applicant is entitled to the award of the
AAM. Therefore, his record should be corrected to show this award.
2. The applicant is requesting that item 9 of his DD Form 214 be changed
to show his National Guard unit of assignment. By regulation this item
contains the unit from which the Soldier is transitioning from before he is
separated, not the reserve unit he is going back to after training. It
appears this item is accurately completed and requires no correction.
Therefore, there is no basis to grant relief in this case.
3. The applicant signed the DD Form 214 on the date of his separation
attesting to the accuracy of the information it contained. It is presumed
to be correct as of that time. Therefore, there is no basis to grant
relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__SP ___ __RD ___ __JM ___ 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 showing award of the Army Achievement 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
corrections of Item 9 and 19b of the applicant's DD Form 214.
______Shirley Powell___________
CHAIRPERSON
INDEX
|CASE ID |AR20040011355 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/09/13 |
|TYPE OF DISCHARGE |(UNCHARACTERIZED) |
|DATE OF DISCHARGE |2004/10/01 |
|DISCHARGE AUTHORITY |AR 635-200, CH 4 |
|DISCHARGE REASON |REFRAD |
|BOARD DECISION |(GRANT PARTIAL RELIEF) |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES 1. |100.0000.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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