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ARMY | BCMR | CY2005 | 20050003415C070206
Original file (20050003415C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050003415


      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. Michael J. Fowler             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 his records to show award of the
Legion of Merit, the Order of the Marechaussee in Bronze award certificate,
and to change the U.S. Army Reserve (USAR) website data base Twice the
Citizen Soldier, item 20, to read "voluntarily withdrew."

2.  The applicant states, in effect, that he tried two years ago to have
the U.S. Army War College (USAWC) correct his records but the correction
was not done.

3.  The applicant provides a memorandum from the U.S. Army War College and
Carlisle Barracks, dated 17 October 2000; a DD Form 214 (Certificate of
Release or Discharge from Active Duty) for the period ending 6 January
2004; a DD Form 214 for the period ending 7 June 1991; a two page DD Form
215 (Correction to DD Form 214, Report of Separation from Active Duty)
dated 25 March 1992; a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) for the period ending 10 January 1969; an
Order of the Marechaussee in Bronze award certificate, dated 31 October
2003; Headquarters, U.S. Army Investigation Command Permanent Order 304-1,
dated 30 October 2003; and U.S. Army Garrison, Fort Belvoir Orders 316-
0001, dated 12 November 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service in the Army.  He was appointed
on
3 April 1980 as an officer in the U.S. Army Reserve (USAR) and served in
various positions as an Infantry officer.  He was last ordered to active
duty on
7 January 2002 and released from active duty on 6 January 2004.

2.  The applicant's DD Form 214 for the period ending 6 January 2004 shows
he was awarded the Bronze Star Medal (2nd Award), the Meritorious Service
Medal (2nd Award), the National Defense Service Medal (3rd Award), the Army
Commendation Medal (5th Award), the Army Achievement Medal (2nd Award), the
Army Reserve Components Achievement Medal (5th Award), the Vietnam Service
Medal, the Southwest Asia Service Medal with 1 bronze service star, the
Southwest Asia Service Medal (sic), the Armed Forces Reserve Medal, (2nd
Award), the Army Service Ribbon, the Army Reserve Components Overseas
Training Ribbon (6th Award), the Republic of Vietnam Campaign Medal with
Device (1960), the Kuwait Liberation Medal (Saudi Arabia), the Kuwait
Liberation Medal (Kuwait), the Combat Infantryman Badge, the Parachutist
Badge, and the Army Staff Identification Badge

3.  Headquarters, U.S. Army Investigation Command Permanent Order 304-1,
dated 30 October 2003, shows that the applicant was awarded the Legion of
Merit for 27 years of meritorious service.

4.  A DA Form 1059-2 (Senior Service College Academic Evaluation Report),
dated 2 October 2000, shows that the applicant requested voluntary
disenrollment from the USAWC Distance Education Program class of 2001.

5.  The applicant provided a certificate that awarded him the Order of the
Marechaussee in Bronze from the Military Police Regimental Association.

6.  On 9 December 2005, the 99th Regional Soldier Service Center infantry
career manager informed the Board analyst that the applicant's data in
Twice the Citizen Soldier shows "other than voluntary" instead of
"voluntarily withdrew".  A copy of the applicant's DA Form 1059-2 was faxed
to the career officer to make a correction in the data base to show the
applicant's USAWC status as voluntary disenrollment.

7.  Army Regulation 635-5 (Separation Documents) provides that item 13 of
the DD Form 214 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
(which would include the Order of the Marechaussee in Bronze award
certificate) are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Legion of
Merit. His DD Form 214 should be amended to add this award.

2.  Evidence of record confirms the applicant voluntarily disenrolled from
the USAWC Distance Education Program class of 2001.  Therefore, item 20 of
Army Reserve Twice the Citizen Soldier data base must be corrected to show
the applicant voluntarily disenrolled from the USAWC Distance Education
Program of class 2001.  This correction will be administratively made by
the 99th Regional Soldier Service Center.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JS  ___  __ LGH  _  __ MJF _  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 DD Form 214 with the period ending 6
January 2004 to add the Legion of Merit.

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 that portion that pertains to adding the
Order of the Marechaussee in Bronze award certificate to the applicant's DD
Form 214 with the ending period
6 January 2004.




                                  _____John Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003415                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |14 December 2005                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0009.0000                           |
|2.                      |111.0100.0012                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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