RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 March 2007
DOCKET NUMBER: AR20060012650
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. Gerard W. Schwartz
Acting Director
Mr. W. W. Osborn, Jr.
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Ms. Linda M. Barker
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, in effect, that his DD Form 214 (Certificate of Release of Discharge be corrected by adding his awards in item 13 and his military education in item 14.
2. The applicant states, in effect, that his Official Military Personnel File (OMPF) and the copies of documents submitted with this application show what should be on his DD Form 214.
3. The applicant provides copies of documents from his OMPF.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in 1985 and served on continuous active duty for almost 18 years and reached the rank of staff sergeant (E-6).
2. On 20 May 2002 he was convicted by a special court-martial on two specifications of missing movement. In accordance with a pretrial agreement the convening authority approved confinement for only three months. The remainder of the sentence included reduction to pay grade E-1, a forfeiture of $1,600.00 per month for 3 months, and a bad conduct discharge. The United States Army Court of Criminal Appeals noted that the maximum allowable forfeiture of $1,600.00 had been calculated using pay grade E-6 vice E-1 pay. The findings of guilty were affirmed and the sentenced reassessed to provide a forfeiture of $737.00 per month for 3 months. The United States Court of Appeals for the Armed Forces declined to grant an appeal and the applicant was discharged on 31 October 2003.
3. The applicant's DD Form 214 lists no awards and no military education.
4. The applicant's OMPF contains orders for the following awards:
a. Good Conduct Medal for 11 October 1985 to 10 October 1988;
b. Good Conduct Medal for 11 October 1988 to 10 October 1991;
c. Good Conduct Medal for 18 May 94-17 May 97;
d. Army Commendation Medal awarded on 20 March 1997; and
e. Army Commendation Medal awarded on 1 December 1997;
f. Army Achievement Medal awarded on 1 August 1986;
g. Army Achievement Medal awarded on 31 March 1989;
h. Army Achievement Medal awarded on 9 March 1992;
i. Army Achievement Medal awarded on 15 June 1995;
j. Army Achievement Medal awarded on 12 December 1996;
k. Drivers and Mechanics Badge with Driver-W Device, 4 March 1999; and
l. Air Assault Badge, 10 May 1996.
5. Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.
6. He completed the following military education courses:
a. Army Recruiter Course, 6 weeks, 1997;
b. Army Material Command Airlift Load Planers Course, 1 week, 1997;
c. Basic Noncommissioned Officers Course (Ammunitions Specialist),
15 weeks, 1995; and
d. Primary Leadership Development Course, 4 weeks, 1988.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 should be corrected to show his authorized awards as the Good Conduct Medal (3rd award), Army Commendation Medal with Oak Leaf Cluster; Army Achievement Medal with Silver Oak Leaf Cluster, National Defense Service Medal with bronze service star, Drivers and Mechanics Badge with Driver-W Device, and Air Assault Badge.
2. Item 14 of his DD Form 214 should be corrected by showing his military education as the Army Recruiter Course, 6 weeks, 1997; Army Material Command Airlift Load Planers Course, 1 week, 1997; Basic Noncommissioned Officers Course (Ammunitions Specialist), 15 weeks, 1995; and Primary Leadership Development Course, 4 weeks, 1988.
BOARD VOTE:
__ LE___ ___LMB _ _MJF ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding in item 13 of his DD Form 214 the Good Conduct Medal (3rd award), Army Commendation Medal with Oak Leaf Cluster; Army Achievement Medal with Silver Oak Leaf Cluster, National Defense Service Medal with bronze service star, Drivers and Mechanics Badge with Driver-W Device, and Air Assault Badge. Item 14 of his DD Form 214 should be corrected by showing his military education as the Army Recruiter Course, 6 weeks, 1997; Army Material Command Airlift Load Planers Course, 1 week, 1997; Basic Noncommissioned Officers Course (Ammunitions Specialist), 15 weeks, 1995; and Primary Leadership Development Course, 4 weeks, 1988.
__ _Lester Echols______
CHAIRPERSON
INDEX
CASE ID
AR20060012650
SUFFIX
RECON
DATE BOARDED
20070327
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.00
2.
3.
4.
5.
6.
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