RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 January 2006
DOCKET NUMBER: AR20050003177
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. Joyce A. Wright | |Analyst |
The following members, a quorum, were present:
| |Mr. John Infante | |Chairperson |
| |Mr. William F. Crain | |Member |
| |Mr. Gerald J. Purcell | |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 correction of item 11 (Primary Specialty), to
show the entry, "1 YR 0 MOS (1 year 0 months), instead of the entry, "0 YRS
– 0 MOS"; item 12f (Foreign Service), to show the entry, "0000 07"
(7 months), instead of the entry, "0000 00 00"; item 13 (Decorations,
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized [All
periods of service]), to show the Army Achievement Medal (AAM) (1st Oak
Leaf Cluster), the Army Commendation Medal (ARCOM), and the Combat Medical
Badge (CMB); and item 18 (Remarks), to show the entry, "Afghanistan,"
instead of the entry, "Iraq," of her DD Form 214 (Certificate of Release
or Discharge from Active Duty), dated 19 January 2005.
2. The applicant states that items 11, 12f, 13, and item 18, of her DD
Form 214, dated 19 January 2005, are incorrect.
3. The applicant provides a copy of her DD Form 214, dated 19 January
2005; two DA Forms 638 (Recommendation for Award); an award certificate for
the AAM, a copy of a memorandum from the Department of Psychiatry; a copy
of deployment orders, dated 25 May 2004; and a copy of her DA Form 2173
(Statement of Medical Examination and Duty Status); in support of her
request.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that she enlisted in the U. S.
Army Reserve (USAR) on 27 July 1998, as a practical nurse, in military
occupational specialty (MOS) 91C, for 8 years. She was ordered to active
duty for training (ADT) on 2 September 1998 and was released from ADT on
20 November 1998.
2. The applicant was released from her troop program unit (TPU), of the
USAR, effective 1 September 2001 and, was assigned to the USAR Control
Group (Annual Training [AT]), due to personal cogent reasons, as a 91C.
3. The applicant was released from the USAR Control Group (AT) effective
11 December 2001 and was voluntarily assigned to a TPU in MOS 91W.
4. She was promoted to sergeant (SGT/E-5) effective 5 April 2002.
5. She was ordered to AD on 4 April 2004. She continued to serve until
she was honorably discharged on 19 January 2005, under the provisions of
Army Regulation 635-200, paragraph 5-17, physical condition, not a
disability.
6. Item 11 of her DD Form 214, dated 19 January 2005, shows the entry
"91WM6 00 HEALTH CARE SPECIALIST - 0 YRS (years) - 0 MOS (months)// NOTHING
FOLLOWS."
7. A review of the available records shows she served as a practical nurse
in MOS 91C and later attended and completed several courses as a 91W
ranging from 5 days to 7 months in duration.
8. An Enlisted MOS Conversion Chart was produced by the US Army Total
Personnel Command (PERSCOM), now known as the US Army Human Resources
Command (AHRC)-Alexandria. This chart converted the MOS of 91C (practical
nurse) to 91W (health care specialist) in pay grade E-5.
9. Item 12f (Foreign Service), of the applicant's DD Form 214, shows the
entry, "0000 00 00."
10. Item 5 (Overseas Service), of the applicant’s DA Form 2-1 (Personnel
Qualification Record - Part II), is blank.
11. The applicant's DD Form 214 shows that she was awarded the Global War
on Terrorism Expeditionary Medal, the Global War on Terrorism Service
Medal, the National Defense Service Medal, the Armed Forces Reserve Medal
with "M" Device, and the Army Service Ribbon. Her DD Form 214 does not
show any additional awards.
12. The applicant provides two Recommendations for Award of the AAM with
both sides of the reverse form unavailable for review. The first award,
AAM, is for the period 2 January to 31 October 2000 and the second award,
AAM, for the period 2 June to 16 June 2001. The award certificate provided
by the applicant shows that her second award was approved by 339th Combat
Support Hospital (CSH) Orders Number 01-02-020, dated 3 August 2001.
13. There is no indication in the applicant's service personnel records to
show she was considered or recommended for, or awarded, the ARCOM.
14. There are no orders for the Combat Medical Badge in the available
records. Her records show her duty MOS as 91C (practical nurse) and 91W
(nuclear medicine specialist) and that she was assigned to the 339th CSH
and later deployed to Afghanistan.
15. Item 18 (Remarks), of the applicant’s DD Form 214, shows the entry,
"Soldier Served in IRAQ 040530 to 041218" (30 May 2004 to 18 December
2004).
16. The applicant provides a copy of Headquarters, III Corps and Fort Hood
Permanent Orders 146-10, dated 25 May 2004, which show that she was
deployed in support of Operation Enduring Freedom on or about 27 May 2004
to Afghanistan.
17. The applicant provides a copy DA Form 2173, dated 10 January 2005,
which shows that she was diagnosed as having Post Traumatic Stress Disorder
(PTSD) which incurred during her deployment to Afghanistan.
18. The applicant requested correction of her records to show award of the
ARCOM. Section 1130, Title 10, United States Code, provides that the
Service concerned will review a proposal for the award of, or upgrading of,
a decoration that would not otherwise be authorized to be awarded based
upon time limitations previously established by law. Requests for
consideration of awards should be supported by sworn affidavits, eyewitness
statements, certificates and related documents. Corroborating evidence is
best provided by commanders, leaders, and fellow comrades who had personal
knowledge of the circumstances
and events relative to the request. A request for award not previously
submitted in a timely fashion will only be considered under this provision
if the request has been referred to the Service Secretary from a Member of
Congress. The applicant has been notified by separate correspondence of
the procedure for applying for award of the Army Commendation Medal under
Section 1130 and, as a result, this award will not be discussed further in
this Record of Proceedings.
19. Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Combat Medical Badge is awarded to medical department
personnel (colonel and below) who are assigned or attached to a medical
unit of company or smaller size that is organic to an infantry unit of
brigade, regimental or smaller size which is engaged in active ground
combat. Battle participation credit is not sufficient; the infantry unit
must have been in contact with the enemy and the Soldier must have been
personally present and under fire during such ground combat.
20. Army Regulation 635-5 (Separation Documents) established the
standardized policy for preparing and distributing the DD Form 214. The
regulation provides, in pertinent part, that the PMOS and all additional
military occupational specialties (MOS) served in, for a period of one year
or more, during the Soldier’s continuous active military service, will be
entered in item 11 (Primary Specialty). For each MOS, list the title
with the years and months served. For time determination, 16 days or more
count as a month and that basic training (BT) and advanced individual
training (AIT) are not counted.
21. The same regulation states that foreign service performed during the
period covered by the DD Form 214 will be entered in item 12f. The
regulation also states that the amount of foreign service will be taken
from the soldier’s enlisted qualification record or, if necessary, verified
from the soldier’s military personnel records jacket. However, for Reserve
Soldiers ordered to active duty and deployed with their unit during their
continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY
DEPLOYED) from (Inclusive dates for example, YYYYMMDD-YYYYMMDD) will be
entered in item 18 (Remarks), of the DD Form 214.
22. Item 13 will reflect all decorations, medals, badges, citations and
campaign ribbons awarded or authorized, for all periods of service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant enlisted in MOS 91C
(practical nurse), was awarded the PMOS of 91C effective 20 November 1998,
and her PMOS was converted to 91W (health care specialist) effective
1 October 2001. The applicant has 2 years, 9 months, and 11 days of total
service as a 91C and 3 years, 3 months, and 19 days of total service as a
91W for a cumulative total of 6 years and 2 months as a 91W. Therefore,
she is entitled to correction of item 11 of her DD Form 214 to show the
entry "6 YRS – 2 MOS."
2. The evidence shows that the applicant was recommended for two awards of
the AAM. Both sides of these recommendations for award are unavailable for
review. It is noted that she provided an award certificate for the second
recommended award, for the period 2 June to 16 June 2001, which was
approved by 339th CSH Orders Number 01-02-020, dated 3 August 2001. The
Board is unable to grant authority for addition of this AAM to the
applicant's DD Form 214, the applicant's first award, for the period
2 January 2000 to 31 October 2000, due to the unavailability of the reverse
side of this recommendation. Therefore, the applicant is entitled to
correction of her records to show only one award of the AAM instead of the
AAM 1st Oak Leaf Cluster.
3. The evidence of record shows the applicant served as a practical nurse
(91C) and as a 91W (health care specialist) while assigned to a medical
company, the 339th CSH, and while deployed to Afghanistan. However, there
is no evidence which shows that her unit was organic to an infantry unit of
brigade or regimental or smaller size which engaged in active ground combat
and that she was personally present under fire. Therefore, there is
insufficient evidence on which to base award of the Combat Medical Badge in
this case.
4. The evidence shows that the applicant served in Afghanistan in support
of Operation Enduring Freedom from 30 May to 18 December 2004, for a period
of 6 months and 19 days. It is noted that the applicant is requesting that
item 12f of her DD Form 214 be corrected to show her foreign service. It
is apparent that the applicant is unaware that her foreign service, which
is her deployment time, is
currently shown in item 18 of her DD Form 214. Therefore, there is no
basis to correct item 12f of her DD Form 214 to show the entry "0000 07 00"
(7 months) which is correct as currently constituted. Item 18 of her DD
Form 214 shows she served in Iraq which is incorrect. Therefore, she is
entitled to correction of item 18 of her DD Form 214 to show the entry
"Afghanistan" instead of "Iraq."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__LDS__ __RMN__ __RB___ 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 11 (Primary Specialty) the entry "6 YRS –
2 MOS''
b. by showing that she was awarded the AAM through 339th CSH Orders
Number 01-02-020; and
c. by showing the entry, "AFGHANISTAN," in item 18 (Remarks), of her
DD Form 214, dated 19 January 2005.
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
correction of item 12f (Foreign Service), of her DD Form 214, dated
19 January 2005, award of the AAM, for the period 2 January to 31 October
2000, and award of the Combat Medical Badge.
___Linda D. Simmons______
CHAIRPERSON
INDEX
|CASE ID |AR20050003177 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060112 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |20050119 |
|DISCHARGE AUTHORITY |AR 635-200, para 5-17 |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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