RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 September 2004
      DOCKET NUMBER:   AR2004102457


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 the Southwest Asia Service
Medal (SWASM), Army Commendation Medal (ARCOM) and The State of Texas
Adjutant’s General’s Individual Award be added to the list of awards
contained on his separation document (DD Form 214); and that his Special
Qualification Identifier (SQI) H (Instructor) also be added to his record.


2.  The applicant states, in effect, that documents reflected the requested
items were not available at the time of his separation processing.

3.  The applicant provides the following documents in support of his
application:  13 January 2002 DD Form 214; ARCOM Award Certificate; SQI
Request Memorandum; Logistics Training Team Course Certificate of Training;
and The State of Texas, Adjutant General’s Individual Award Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army and
entered active duty on 30 June 1994.  He was trained in, awarded, and
served in military occupational specialty (MOS) 92Y (Unit Supply
Specialist).  He was promoted to the rank of specialist (SPC) on 1
September 1996 and this is the highest rank he attained while serving on
active duty.

2.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows that
subsequent to completing his training, he was assigned to Fort Bragg,
North Carolina, where he performed duties in MOS 92Y as a unit supply
specialist from 2 November 1994 through 7 July 1997.  On 8 July 1997, he
was assigned to Fort Bliss, Texas, where he served as a unit supply
specialist until being reassigned to Korea on 16 September 1999.  Upon
completing his tour in Korea on 15 September 2000, the applicant was
reassigned to Fort Hood, Texas, where he served until being released from
active duty (REFRAD) on 13 January 2002.

3.  Item 5 (Overseas Service) of the applicant’s DA Form 2-1 shows he
completed a tour in Korea from 16 September 1999 through 15 September
2000.  No other overseas service is recorded in the record.
4.  The applicant’s Official Military Personnel File (OMPF) contains no
orders or other documents that indicate he ever served in Southwest Asia or
that he was ever recommended for or awarded the ARCOM.  Further, there are
no documents on file that show he ever served as an instructor or that he
was awarded the SQI of H.

5.  On 13 January 2002, the applicant was honorably REFRAD after completing
a total of 7 years, 6 months and 14 days of active military service.  Item
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) of the DD Form 214 he was issued shows he earned the following
awards during his active duty tenure:  Army Achievement Medal; Army Good
Conduct Medal (2nd Award); National Defense Service Medal; Army Service
Ribbon; Overseas Service Ribbon; Parachutist Badge; and Driver and Mechanic
Badge with Driver-W Bar.

6.  Item 14 (Military Education) shows he completed the following courses:
Combat Lifesaver’s Course; Unit Supply Specialist Course; Field Sanitation
Course; and Unit Armorer Course.  The applicant authenticated the DD Form
214 with his signature in Item 21 (Signature of Member Being Separated).

7.  The applicant provides a copy of an undated ARCOM Certificate that
indicates he was awarded the ARCOM for meritorious service from 5 July 1997
through 15 August 1999.  This document is signed by the Acting Commander of
the United States Army Sergeants Major Academy (USASMA).

8.  The applicant also provides a memorandum from the staff/faculty
advisor, USASMA, dated 25 June 1999, which requested that he along with 10
other soldiers be awarded the SQI H (Instructor) based on their successful
completion of the Total Army Instructor Training Course.

9.  The applicant also provides a copy of certificate that indicates he was
given The Adjutant General’s Individual Award for distinguished meritorious
achievement and outstanding service while a member of Company D,
249th Main Support Battalion.  This document is dated 18 June 2002 and is
signed by a lieutenant colonel commander.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-14 contains
guidance on award of the SWASM.  It states, in pertinent part, to be
eligible for this award a member must have served in Southwest Asia
countries under the command and control of U.S. Central Command or directly
supporting military operations in the combat theater.
11.  Chapter 3 of the awards regulation contains guidance on the processing
of individual awards.  It states, in pertinent part, that the DA Form 638
(Recommendation for Awards) will be used to initiate, process, and approve
award recommendations of all U.S. Army individual decorations, to include
valor and heroism decorations and that awards will be approved and
announced in orders by the proper award approval authority.

12.  Army Regulation 614-200 (Enlisted Assignments and Utilization
Management) prescribes the reporting, selection, assignment, and
utilization of Active Army enlisted personnel and provides general
assignment policies and responsibilities for managing the enlisted force.
Paragraph 3-13 contains guidance on award of SQIs.  It states, in pertinent
part, that the servicing chief, Military Personnel Division, Personnel
Service Battalion, or training activity commander will award fully
qualified soldiers appropriate SQI by publishing orders.  It further
stipulates that the SQI will be withdrawn and deleted from the MOS awarded
when qualification skills are lost or when the soldier withdraws from a
voluntary program.

13.  Paragraph 6-7 of Army Regulation 614-200 contains guidance on enlisted
instructor/advisor positions.  It states, in pertinent part, that only the
highest quality soldiers will be assigned as instructors or advisers.
Normally, soldiers assigned as instructors will hold SQI “H.”

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.

15.  Chapter 2 of the separation documents regulation contains item by item
entry guidance on preparation of the DD Form 214.  The instructions for
Item 11 (Primary Specialty) state, in pertinent part, that for enlisted
soldiers, the titles of all MOS in which a member served for at least 1
year as listed on the record will be entered.  This includes the 5
characters of the primary MOS code, which includes the 3 characters of the
MOS, the fourth character of skill and grade level in the MOS, and the
fifth character of a SQI, if applicable.

16.  The preparation instructions for entries in Item 13 of the DD Form 214
contained in the separation documents regulation state, in pertinent part,
to list awards and decorations for all periods of service in the priority
sequence specified in the awards regulation.  It further specifies that
each entry will be verified by the soldier’s record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that the SWASM, ARCOM, and The State of
Texas Adjutant’s General’s Individual Award should be added to the list of
awards contained on his DD Form 214; and that the SQI H (Instructor) should
also be added to his record were carefully considered.  However the
supporting documents provided by the applicant provide an insufficient
evidentiary basis to support the requested relief.

2.  The evidence of record does not include any documents or orders that
indicate the applicant was ever recommended for or awarded the ARCOM by
proper authority during his tenure on active duty.  Absent any
corroborating evidence of record, the undated ARCOM certificate provided
the applicant alone does not provide a sufficient evidentiary basis to add
this award to his record at this time.

3.  The applicant’s record is also void of any orders awarding him the SQI
H and his record of assignments does not indicate he was ever assigned to
an instructor position.  Thus, notwithstanding the memorandum request for
award of SQI H provided by the applicant, there is insufficient evidence to
support granting this requested relief.

4.  The applicant’s record is also void of any entries or documents that
indicate he ever served in Southwest Asia.  Lacking evidence to confirm he
satisfied the criteria necessary to receive the SWASM, there is an
insufficient evidentiary to support granting this award.

5.  The applicant also provides a certificate that shows he received an
award from the State of Texas on 18 June 2002, subsequent to his REFRAD.
By regulation, only awards authorized by the awards regulation are entered
in Item 13 of the DD Form 214.   Further, a correction to a separation
document to add awards earned subsequent to the period of active duty
service covered in the separation document is also not authorized.  Given
this State award is not an authorized award, even had it been received
during the active duty period covered by the DD Form 214, it would still
not be an authorized entry.  Thus, there is no basis to add this award to
the list of authorized awards contained on the applicant’s 13 January 2002
DD Form 214.
6.  Finally, the evidence of record contains a properly constituted
separation document that was issued to the applicant on the date of his
REFRAD.  This document does not include the SWASM or ARCOM in the list of
authorized awards contained in Item 13.  It also does not include the SQI H
in the MOS listed in Item 11.  The applicant authenticated the DD Form 214
with his signature on the date of his separation, thereby verifying that
information contained therein, to include the list of awards and MOS entry,
was correct at the time the document was prepared and issued.  Therefore,
given the applicant never raised these issues at the time, there is no
evidence of an error or injustice related to the preparation and issue of
the DD Form 214 in question.

7.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_MDM__  __KAH___  _RLD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            ____MARK D. MANNING_____
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102457                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2002/01/13                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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