RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060001489


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. John Heck                     |     |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 DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show his service in the delayed
entry program from 16 May 1981 to 8 September 1981; his enlisted service f
rom 9 September 1981 to 30 June 1983; his service as a cadet at West Point
from 1 July 1983 to 26 May 1987; and his commissioned active duty service
from 27 May 1987 to 31 August 2005.  He also requests correction of his
DD Form 214 to show a second award of the Overseas Service Ribbon and a
fourth award of the Meritorious Service Medal.

2.  The applicant states he was informed during out-processing that his DD
Form 214 was correct for service dates even though copies of all
documentation were available.  He states he never received a DD Form 214
for his enlisted service. He discovered the error which affects his
eligibility for Department of Veterans Affairs (DVA) benefits.  He also
states the Overseas Service Ribbon for service in Germany from November
1987 to May 1991 and April 2000 to May 2003 is missing.  He further states
he received an end of tour award of the Meritorious Service Medal (Fourth
Award) after retirement.

3.  The applicant provides a copy of his DD Form 4 (Enlistment/Reenlistment
Document); his DA Form 3286-40 (Statement for Enlistment); his DD Form 1966
(Record of Military Processing); his DA Form 2-1 (Personnel Qualification
Record); his assignment orders to West Point; his release from active duty
orders; his appointment and commissioning orders; his DA Form 1506
(Statement of Service); his retirement orders; and his DA Form 4037
(Officer Record Brief).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s DD Form 4/1 shows he enlisted in the U.S. Army Reserve
under the delayed entry program (DEP) on 16 May 1981.  He was discharged
from the DEP on 8 September 1981 and enlisted in the Regular Army on
9 September 1981 for a period of three years.  Block 25 on the applicant’s
DD Form 1966 shows 3 months and 22 days total inactive military service.
(This period of inactive military service should have read 3 months and 23
days).

2.  Headquarters, United States Military Academy Orders 213-57 dated
2 November 1984 released the applicant from active duty on 30 June 1983.
There is no record of a DD Form 214 covering the period of service from
9 September 1981 to 30 June 1983.

3.  The applicant served as a cadet at the United States Military Academy
(USMA) at West Point, New York from 1 July 1983 to 26 May 1987.

4.  On 27 May 1987, the applicant was appointed a second lieutenant in the
Regular Army.

5.  His Officer Record Brief shows he served in Germany from 13 November
1987 to 11 May 1991.  During his assignment in Germany, he served on
temporary duty (TDY) in Southwest Asia (SWA) from 5 December 1990 to
29 April 1991.  His DD Form 214 shows he was awarded the Southwest Asia
Service Medal, the Kuwait Liberation Medal (Saudi Arabia), and the Kuwait
Liberation Medal (Kuwait) for his service in SWA.

6.  His DD Form 214 shows he served in Somalia from 5 January 1993
to 5 March 1993 and in Haiti from 24 September 1994 to 9 November 1994.

7.  Headquarters, First U.S. Army, Fort Gillem, Georgia Permanent Order
Number 136-10 dated 16 May 1997 awarded the applicant the Meritorious
Service Medal for meritorious service from 9 August 1995 to 31 July 1997.

8.  The applicant was promoted to major on 1 July 1998.

9.  Headquarters, U.S. Army Engineer Division, Vicksburg, Mississippi
Permanent Order Number 77-1 dated 17 March 2000 awarded the applicant a
second award of the Meritorious Service Medal for meritorious service from
7 August 1997 to 9 April 2000.

10.  His Officer Record Brief shows he served in Germany from 13 April 2000
to 16 May 2003.

11.  Headquarters, U.S. Army, Europe and Seventh Army Permanent Order
Number 120-1 dated 30 April 2003 awarded the applicant a third award of the
Meritorious Service Medal for meritorious service from 10 April 2000 to
2 May 2003.

12.  Headquarters, 78th Division (Training Support), Edison, New Jersey,
Permanent Orders Number 5221-043 dated 9 August 2005 awarded the applicant
a fourth award of the Meritorious Service Medal for meritorious service
from 25 June 1995 to 24 June 2005.

13.  The applicant was released from active duty on 31 August 2005 and was
placed on the retired list on the date following.  His DD Form 214 shows he
entered active duty on 5 August 1985 (this date was apparently taken from
his basic active service date) and completed 20 years and 26 days of total
active military service during the period covered by the report.

14.  His DD Form 214 does not reflect any total prior active service in
item 12d (Total Prior Active Service) or total prior inactive service in
item 12e (Total Prior Inactive Service).  Item 12f (Foreign Service) does
not reflect any foreign service.

15.  His DD Form 214 shows one award of the Overseas Service Ribbon and the
Meritorious Service Medal (Third Award).

16.  The Department of Defense Financial Management Regulation (DODFMR),
volume 7B, Chapter 1, paragraph 0101 prescribes service creditable for pay
purposes.  It states that service as a cadet at a military service academy
is always creditable service for an enlisted member.  Table 1-1 must be
used to determine whether such service is creditable for commissioned and
warrant officers.  Table 1-1 states that when a member currently serving as
an officer has been appointed after 25 June 1956 and he held no concurrent
enlisted an/or Reserve status or had enlistment contract or period
obligated service that was not terminated, then the period involved was not
creditable.

17.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas
Service Ribbon was established by the Secretary of the Army on 10 April
1981.  The regulation states, in pertinent part, that effective 1 August
1981, all members of the Active Army, Army National Guard, and Army Reserve
in an active Reserve status are eligible for the award for successful
completion of overseas tours.  The Overseas Service Ribbon will not be
awarded for overseas service recognized with another U.S. service medal.
For example, if a Soldier was credited with overseas tour completions per
Army Regulation 614-30 for Alaska, Berlin, Germany, the Vietnam Conflict,
and the Persian Gulf, he or she would be entitled to the Overseas Service
Ribbon with numeral 2 (Alaska and Germany), the Army of Occupation Medal
(Berlin), the Vietnam Service Medal, and the SWASM.

18.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  It states that the DD Form 214 is a synopsis of the
Soldier's most recent period of continuous active duty.  It provides a
brief, clear-cut record of active Army service at the time of release from
active duty, retirement or discharge.  In pertinent part, it directs that a
DD Form 214 will not be issued to replace record copies or DD Forms 214
lost by Soldiers.  If no DD Form 214 is available, a statement of service
or transcript of military record will be issued.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the U.S. Army
Reserve under the DEP on 16 May 1981 and was discharged on 8 September
1981, which is a period of 3 months and 23 days.  However, his DD Form 214
does not reflect any prior inactive service in item 12e.  Therefore, item
12e on his DD Form 214 should be amended to reflect 3 months and 23 days
total prior inactive service.

2.  The evidence of record shows the applicant served as an enlisted
Soldier in the Regular Army from 9 September 1981 to 30 June 1983.
However, his DD Form 214 does not reflect any prior active service.
Therefore, item 12d on his DD Form 214 should be amended to reflect 1 year,
9 months, and 22 days total prior active service.

3.  Although there is no evidence of record which shows the applicant was
issued a DD Form 214 for his period of active duty service from 9 September
1981 to
30 June 1983, he should have been issued one.  However, it cannot be
determined if one was issued but just is not available.  Since such a
determination cannot be made, a DD Form 214 cannot be prepared; however, it
would be appropriate to issue the applicant an Official Statement of
Service to show he served in the DEP from 16 May 1981 to 8 September 1981
and on active duty from 9 September 1981 to 30 June 1983.

4.  The evidence of record shows the applicant served as a cadet at the
USMA from 1 July 1983 to 26 May 1987 and was appointed as a commissioned
officer on the following date.  There is no evidence that he held
concurrent enlisted status.  Therefore, his service as a cadet is not
creditable towards active duty service and there is no authority to record
his service as a cadet on his DD Form 214.

5.  The applicant was appointed as a commissioned officer on 27 May 1987
and served on active duty until 31 August 2005.  However, his DD Form 214
incorrectly reflects he entered active duty on 5 August 1985.  Therefore,
it would be appropriate to amend item 12a (Date Entered Active Duty This
Period) on his DD Form 214 to reflect the entry “1987 05 27.”  As a result
of this correction, item 12c should also be amended to reflect the entry
“0018 03 04.”

6.  The evidence of record shows the applicant completed two overseas tours
in Germany from November 1987 to May 1991 and from 13 April 2000 to 16 May
2003.  Therefore, he is entitled to two awards of the Overseas Service
Ribbon.

7.  Although the applicant completed two assignments in Germany, service in
SWA, service in Somalia, and service in Haiti, his DD Form 214 does not
reflect any foreign service.  Therefore, it would be appropriate to amend
item 12f on his DD Form 214 to show foreign service.

8.  Orders show the applicant was awarded four awards of the Meritorious
Service Ribbon.  Therefore, his DD Form 214 should be amended to reflect
four awards of the Meritorious Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

SP______  RL______  JH______  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 the DD Form 214 of the individual concerned be corrected
by:

      a.  amending item 12a to show he entered active duty on 27 May 1987;

      b.  amending item 12c to show he served 18 years, 3 months, and 4
days net active military service;

      c.  amending item 12d to show he served 1 year, 9 months, and 22 days
total prior active service;

      d.  amending item 12e to show he served 3 months and 23 days total
prior inactive service;

      e.  amending item 12f to show he completed 6 years, 10 months, and
16 days of foreign service; and

      f.  amending item 13 (Decorations, Medals, Badges, Citations and
Campaign Ribbons Awarded or Authorized) to show he was awarded the Overseas
Service Ribbon with Numeral “2” and the Meritorious Service Medal (Fourth
Award).

2.  That the individual concerned be issued an Official Statement of
Service to show he served in the DEP from 16 May 1981 to 8 September 1981
and on active duty from 9 September 1981 to 30 June 1983.

3.  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 his service as a cadet from 1 July 1983 to 26 May 1987.




                                  Shirley Powell________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001489                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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