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ARMY | BCMR | CY2005 | 20050002203C070206
Original file (20050002203C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 NOVEMBER 2005
      DOCKET NUMBER:  AR20050002203


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Robert 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 that several items on the separation document of
her spouse, a deceased former Soldier, be corrected.  She notes that his
home of record (HOR) (item 7a) and place of entry on active duty (item 7b)
are wrong, that all of his decorations are missing (item 13), that his
military specialties in item 11 are incorrect, and that his military
education courses were not recorded in item 14.

2.  The applicant states that her spouse's home of record was Texas and
that it is confirmed in his enlistment contract.  She states that he
attended the Primary Leadership Development Course (PLDC) and a health care
course which were omitted from his separation document.  She notes he also
earned several awards.

3.  The applicant provides copies of her spouse's enlistment contract,
copies of training certificates, including one for completion of a
Regimental Orientation Program, copies of his award orders, three
certificates of achievement, his promotion certificate, and a copy of a
certificate recognizing his affiliation with the Army Medical Department
Regiment.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board show the former Soldier enlisted in the
Regular Army on 15 September 1997.  His enlistment documents confirm that
he entered active duty in El Paso, Texas and that his home of record at the
time was 7049 Westwind, Apartment 3017, El Paso, Texas 79912.  The former
Soldier did reenlist in March 2001 while assigned to Fort Myer, Virginia,
but his home of record did not change.

2.  Army Regulation 601-210 provides the policies and procedures for the
preparation of enlistment contracts.  It states, in pertinent part, that
the HOR address entered on the enlistment contract will be the address
declared by the applicant to be their permanent home or actual home at the
time of enlistment.  A temporary address will not be entered.

3.  The Joint Federal Travel Regulation (JFTR) provides, in pertinent part,
that the HOR is the place recorded as the home of the individual at the
time of enlistment or induction.  There is no authority to change the HOR
as officially recorded at time of entry into the military service.
However, there is authority to correct a HOR if erroneously entered on the
records at that time and then only for travel and transportation purposes.
Correction of the HOR must be based on evidence that a bona fide error was
made and the HOR as corrected must have been the actual home of the
individual at the time of entry into the relevant period of service.  It
may not be a place selected for the convenience of the Soldier.

4.  The former Soldier was initially trained as an infantryman (military
specialty 11B).  He continued to hold that specialty through promotion to
pay grade E-5 in November 1999.  In August 2002, after completion of the
Health Care Specialist Course, he was awarded specialty 91W20 and his
previous specialty of 11B20 was withdrawn.  At the time specialty 11B20 was
withdrawn he would have held that specialty for approximately 4 years and 9
months.  He held specialty 91W20 from August 2002 until his discharge in
June 2003, a period of 10 months.  Item 11 (Primary Specialty) on his 2003
separation document only shows he held specialty 91W20 but does not reflect
the number of years and months he held that specialty, or that he at one
time held specialty 11B20.

5.  Army Regulation 635-5 establishes the policies and provisions for the
preparation of separation document.  It states item 11 will reflect a
Soldier's primary specialty, title, and years and month served in that
specialty.  It also states that additional specialties in which the Soldier
has served for at least 1 year during the period of service covered by the
separation document will be recorded.  It notes that basic and advanced
individual training periods are not included in the computation.

6.  The former Soldier completed the 4 week PLDC at Fort Knox, Kentucky in
November 1999.  He completed a 15 week Health Care Specialist Course at
Fort Sam Houston, Texas in August 2002.  The evidence provided by the
applicant also shows that her spouse completed the Regimental Orientation
Program as part of his assignment to the 3rd United States Infantry at Fort
Myer, Virginia in April 1998.  Item 14 (military education) on the former
Soldier's separation document reflects "NONE."

7.  Army Regulation 635-5 also states that item 14 (military education) on
the separation document will list formal in service training courses
successfully completed during the period of service covered by title,
length in weeks, and month and year completed.  This information is to
assist the soldier after separation in job placement and counseling;
therefore, training courses for combat skills are not listed.

8.  Documents in the former Soldier's records and provided by the applicant
confirm the former Soldier was awarded three awards of the Army Achievement
Medal, one Army Commendation Medal, one Army Good Conduct Medal, and the
Expert Infantryman Badge.  All of the awards were confirmed in orders
issued at Fort Myer, Virginia.  However, none of the awards were recorded
on his separation document.  The former Soldier also received three
certificates of achievement, one certificate certifying his regimental
affiliation, and a promotion certificate.

9.  Army Regulation 635-5 provides that item 13 of the separation document
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 separation document.

10.  On 5 June 2003 the former Soldier was honorably discharged from active
duty and his name placed on the Temporary Disability Retired List the
following day.  In an application to the Board submitted by the former
Soldier shortly after his discharge he noted that he did not have his
records at the time the separation document was prepared.  On 10 November
2003 the former Soldier passed away.

11.  Army Regulation 600-8-22 (Military Awards) provides that the National
Defense Service Medal is awarded for honorable active service after
11 September 2001 to a date to be determined.

12.  Human Resources Command Message (Date Time Group 17 March 2004)
disseminated implementing instructions for award of the Global War on
Terrorism Service Medal.  This award is designated for Soldiers who have
participated in or served in support of Global War on Terrorism Operations
outside of the designated area of eligibility determined for award of the
Global War on Terrorism Expeditionary Medal on or after 11 September 2001
to a date to be determined.  All Soldiers on active duty, including Reserve
Component Soldiers mobilized or National Guard Soldiers activated, on or
after 11 September 2001 to a date to be determined having served 30
consecutive days or 60 nonconsecutive days are authorized this award.

DISCUSSION AND CONCLUSIONS:

1.  The former Soldier's enlistment documents confirm that he entered
active duty in El Paso, Texas and his HOR at the time was 7049 Westwind,
Apartment 3017, El Paso, Texas 79912.  Items 7a and 7b on his 2003
separation document should be corrected accordingly.

2.  The former Soldier was initially trained as an infantryman, specialty
11B and held that specialty for approximately 4 years and 9 months when he
was reclassified to specialty 91W20 following completion of training.  He
held specialty 91W20 as a primary specialty for a 10 month period prior to
his separation.  It would be appropriate, and in the interest of justice,
to correct item 11 on his 2003 separation document to show he held
specialty 91W20 for 10 months and that he held the 11B20 infantry specialty
for 4 years and 9 months.

3.  The evidence confirms the former Soldier completed the 4 week PLDC at
Fort Knox in November 1999 and the 15 week Health Care Specialist Course at
Fort Sam Houston, Texas in August 2002.  That information should be added
to item 14 of his 2003 separation document.  His completion of the
Regimental Orientation Program would not have been a formal in-service
training course, but rather a unit indoctrination program.  As such, that
course would not be recorded on his separation document.

4.  Orders confirm the former Soldier was awarded three Army Achievement
Medals, one Army Commendation Medal, the Army Good Conduct Medal, and the
Expert Infantryman Badge.  Those decorations should be added to his
separation document.

5.  His certificates of achievement, regimental affiliation, and promotion
certificate are precluded from being annotated on the separation document.

6.  The evidence shows the former Soldier is also entitled to the National
Defense Service Medal and the Global War on Terrorism Service Medal.  Those
decorations should be added to his separation document as well.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SK ___  ___JM __  __RD ___  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:

      a.  by showing in item 7a that his place of entry on active duty was
El Paso, Texas and in item 7b that his HOR was 7049 Westwind, Apartment
3017, El Paso, Texas 79912;


      b.  by showing in item 11 that he held specialty 91W20 for 10 months
and that he served as an infantryman in specialty 11B20 for 4 years and 9
months;


      c.  by showing in item 14 that he completed the 4 week PLDC at Fort
Knox, Kentucky in November 1999 and a 15 week Health Care Specialist Course
at Fort Sam Houston, Texas in August 2002;


      d.  by showing he was awarded three awards of the Army Achievement
Medal, one Army Commendation Medal, one Army Good Conduct Medal, and the
Expert Infantryman Badge; and


      e.  by showing he was entitled to the National Defense Service Medal
and the Global War on Terrorism 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
showing completion of the Regimental Orientation Program as part of his
military education entries and inclusion of his certificates of achievement
and regimental affiliation as part of his military award entries.




                                  ______Stanley Kelley________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002203                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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