RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2006
	DOCKET NUMBER:  AR20060012735 


	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. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jeffrey C. Redmann 

Member

Mr. Scott W. Faught

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, correction of his military occupational specialty (MOS) and deletion of the Egyptian Parachutist Badge that are shown on his discharge document.

2.  The applicant states, in effect, that he reenlisted for training in MOS 15Y
(AH-64D Armament/Electrical/Avionic Systems Repairer), but was discharged before attending the training.  Consequently, he still held MOS 45K (Armament Repairer) as his primary MOS when he was discharged.  He also states, in effect, that the 1st Infantry Division, Human Resources Office, was apparently not informed of this and was unwilling to correct the mistaken MOS that was recorded on his discharge document.  The applicant further contends, in effect, that he never served in Egypt, was not awarded the Egyptian Parachutist Badge, and it should be deleted from his discharge document.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 15 October 2004, and Enlisted Record Brief, dated 3 March 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the U.S. Army Reserve on 20 August 1999 and entered active duty in the Regular Army for a period of 4 years on 29 September 1999.  Upon completion of basic combat training and advanced individual training, the applicant was awarded MOS 45K (Armament Repairer).

2.  On 26 June 2003, the applicant reenlisted for Army Training Reenlistment Option 15Y1O (AH-64D Armament/Electrical/Avionic Systems Repairer).  He served on active duty until 15 October 2004, when he was honorably discharged from the Army based on physical disability after completing a total of 5 years and
17 days net service.

3.  The applicant's military service records contain an Enlisted Record Brief (ERB), dated 17 September 2004.  The header information on the ERB shows in the block for primary MOS (PMOS) the entry "15Y" and in Section I (Assignment Information) the PMOS block contains the entry "15Y."  Section IX (Assignment Information) shows, in pertinent part, the applicant was assigned to the
701st Combat Support Battalion, 1st Infantry Division (Germany) from 28 June 2000 through 12 March 2004 and that his duty MOS (DMOS) was 45K.  Section VIII (Awards and Decorations) shows that he was awarded the Army Good Conduct Medal, National Defense Service Medal, and Global War on Terrorism Service Medal.

4.  The applicant's military service records are absent any evidence that shows he served overseas in Egypt.  In addition, the applicant's military personnel records are absent any orders or documentation showing he was awarded the Egyptian Parachutist Badge.

5.  The applicant's military service records contain a copy of the applicant's Physical Evaluation Board (PEB) Proceedings, which includes, in pertinent part, a DA Form 3947 (Medical Evaluation Board (MEB) Proceedings, dated 9 July 2004; Medical Record, Medical Board (Narrative Summary), dated 21 June 2004; Headquarters, Charlie Company, 701st Main Support Battalion, 1st Infantry Division (Germany) memorandum, dated 20 April 2004, subject:  Commander's Performance Statement [Applicant's Name and Social Security Number]; and an ERB, dated 14 April 2004.

     a.  The PEB Proceedings show in Item 5 (PMOS) the entry "45K1O."  The MEB Proceedings show in Item 11 (Military Occupational Specialty) the entry "45K (Tank Turret elect./hydrolics repairer)."

     b.  The Medical Record, Medical Board (Narrative Summary), Military History section, in pertinent part, contains the entry, "[the applicant] achieved the primary MOS of the 45 K (tank turret Technician).  The last time the service member worked in P MOS was October 2003.  He is presently working at the unit it (sic) in the gym detail for C Company 701st MSB Kitzingen Germany.  The service member PCS'd to Germany in June 2000 and has been stationed at that unit since arrival."

     c.  The memorandum from the applicant's former company commander states, in pertinent part, "SPC S________ has been assigned in (sic) to Charlie Company in his primary MOS from June 2000 to present.  He arrived to this unit with a temporary profile for knee pain and has had different injuries or ailments that have precluded him from fully functioning in his currant (sic) MOS."

     d.  The header information on the ERB, dated 14 April 2004, shows in the block for PMOS the entry "45K" and in Section I (Assignment Information) the PMOS block contains the entry "45K."  Section IX (Assignment Information) shows, in pertinent part, the applicant was assigned to the 701st Combat Support Battalion, 1st Infantry Division (Germany) from 28 June 2000 through 12 March 2004 and that his DMOS was 45K.

6.  The applicant's military service records contain a DD Form 214, with an effective date of 15 October 2004.  This document shows in Item 11 (Primary Specialty) the entry "15Y1O AH-64D ARMAMENT/ELECTRICAL/AVIONIC SYSTEMS REPAIR---04 YRS-03 MOS//NOTHING FOLLOWS."  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) contains the following entry, "GOOD CONDUCT MEDAL//NATIONAL DEFENSE SERVICE MEDAL//ARMY SERVICE RIBBON//ARMY LAPEL BUTTON//PARACHUTIST BADGE (EGYPT)//GLOBAL WAR ON TERRORISM SERVICE MEDAL//NOTHING FOLLOWS."  Item 14 (Military Education) contains the entry, "GERMAN LANGUAGE HEADSTART PROGRAM COURSE,
01 WEEKS, JUN 2000/ /NOTHING FOLLOWS."

7.  In support of his application, the applicant provides a copy of his DD Form 214 and ERB, dated 3 March 2004.  The header information on the ERB shows in the block for PMOS the entry "45K" and in Section I (Assignment Information) the PMOS block contains the entry "45K."  Section IX (Assignment Information) shows, in pertinent part, the applicant was assigned to the 701st Combat Support Battalion, 1st Infantry Division (Germany) from 28 June 2000 through
4 December 2000 and that his duty MOS was 45K.  Section VIII (Awards and Decorations) shows that he was awarded the National Defense Service Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel.  Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military records.  Commanders serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D of the Military Awards regulation.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

10.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for completing Item 11 (Primary Specialty) state that from the ERB/ORB, enter the titles of all MOS or AOC (Areas of Concentration) served for at least 1 year and include for each MOS/AOC the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.  Item 14 (Military Education) states that from the ERB/ORB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the MOS on his DD Form 214 should be corrected to read 45K (Armament Repairer) and the Egyptian Parachutist Badge should be deleted from the DD Form 214 because he was not awarded the badge.

2.  The evidence of record shows the applicant entered active duty, completed advanced individual training in MOS 45K, and was awarded PMOS 45K.  The evidence of record also shows the applicant performed duty in PMOS 45K as late as October 2003 and held the MOS as his PMOS as of 14 April 2004.

3.  The evidence of record shows that on 26 June 2003 the applicant reenlisted for training in MOS 15Y.  However, there is no evidence of record that shows the applicant received training in MOS 15Y or was awarded the MOS.  Moreover, the evidence of record shows that in April 2004 the applicant was referred for medical/physical evaluation to determine his fitness for continuation on active duty in MOS 45K.  In addition, the evidence of record shows the applicant was honorably discharged from the Army based on physical disability on 15 October 2004.  In this regard, even if the applicant was awarded MOS 15Y subsequent to April 2004, he would not have served for at least 1 year in that MOS, which is required for the MOS to be entered in Item 11 of the DD Form 214.  Therefore, in view of the foregoing, the applicant is entitled to correction of his records to delete MOS 15Y and add MOS 45K (Armament Repairer).
4.  There is no evidence of record that shows the applicant served in Egypt, was awarded the Egyptian Parachutist Badge, or that the foreign badge was approved for acceptance and wear.  Therefore, the applicant's records should be corrected to delete this foreign badge from his discharge document.

BOARD VOTE:

__LDS __  ___JCR__  __SWF__  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 correcting his DD Form 214, with an effective date of 15 October 2004, as follows:

	a.  Item 11.   PRIMARY SPECIALTY

			Delete:  "15Y1O AH-64D ARMAMENT/ELECTRICAL/ 					    AVIONIC SYSTEMS REPAIR--04 YRS-03 MOS/ 					    /NOTHING FOLLOWS"

			Add:	   "45K1O ARMAMENT REPAIRER--04 YRS-
				    03 MOS//NOTHING FOLLOWS" 

	b.  Item 13.	DECORATIONS, MEDALS, BADGES, CITATIONS AND 				CAMPAIGN RIBBONS AWARDED OR AUTHORIZED

			Delete:  PARACHUTIST BADGE (EGYPT)




____Linda D. Simmons____
          CHAIRPERSON


INDEX

CASE ID
AR20060012735
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/05
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20041015
DISCHARGE AUTHORITY
AR 635-40, Paragraph 4-24b(3)
DISCHARGE REASON
Disability, Severance Pay
BOARD DECISION
GRANT 
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
110.0000.0000
2.

3.

4.

5.

6.