RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 August 2007
DOCKET NUMBER: AR20070002129
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.
| |Ms. Catherine C. Mitrano | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Lester Echols | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Richard T. Dunbar | |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 all awards to which he is
entitled be added to his separation document (DD Form 214); and that the
entry in Item 17 (Member Was Provided Complete Dental Examination and All
Appropriate Dental Services and Treatment Within 90 Days Prior to
Separation) be corrected.
2. The applicant states, in effect, that he volunteered during a time of
war and should be entitled to some awards. He also questions the entry in
Item 17 of the DD Form 214 and indicates that although he received an
examination, he did not receive appropriate and needed dental care even
though he requested it.
3. The applicant provides his DD Form 214 and a DA Form 8256-R (Individual
Training Record for Basic Combat Training (BCT), One Station Unit Training
(OSUT), Advanced Individual Training (AIT)) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 21 February 2006, and he was assigned to Fort
Leonard Wood, Missouri, to attend training. The military record provided
to the Board does not contain Health Care Records, and the only medical
documents contained in his Official Military Personnel File (OMPF) are his
enlistment Report of Medical History (DD Form 2807) and Report of Medical
Examination (DD Form 2808). There are no dental treatment records on file
in the OMPF.
2. On 20 December 2006, the applicant was honorably discharged after
completing 10 months of active military service. Item 13 (Primary
Specialty) of the DD Form 214 he was issued upon his separation contains
the entry "None". Item 14 (Military Education) also contains the entry
"None", and both the Yes and No blocks of Item 17 contain the entry "NA."
3. The applicant provides a DA Form 8256-R, dated 27 April 2006, which
shows he completed the requirements of BCT.
4. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy. Paragraph 2-10 contains guidance on the National Defense Service
Medal (NDSM) and states, in pertinent part, that it is awarded for
qualifying honorable active service for any period between 11 September
2001 and a date to be determined.
5. Paragraph 2-19 of the awards regulation contains guidance on the Global
War on Terrorism Service Medal (GWOTSM) and states, in pertinent part, that
is authorized to all Soldiers on active duty on or after 11 September 2001
to a date to be determined who completed 30 consecutive days or 60
nonconsecutive days of active duty service.
6. Army Regulation 635-5 (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 item-by-item instructions for preparing the DD
Form 214. The instructions for Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized) state to list awards
and decorations for all periods of service, and that each entry will be
verified by the Soldier's records.
7. The instructions for completing Item 14 of the DD Form 214 contained in
the separation documents regulation states to list formal in-service (full-
time attendance) training courses successfully completed during the period
of service covered by the DD Form 214. It also states, in pertinent part,
that this information is to assist the Soldier in job placement and
counseling; therefore, do not list training courses for combat skills.
8. The instructions for completing Item 17 contained in the separation
documents regulation states that this item is only applicable to Soldiers
who have completed 180 days or more of continuous active duty and that the
SF 603 (Health Record-Dental) will be checked for validity of exam and all
appropriate treatment. It further states to Enter "NA" for Soldiers who
had fewer than 180 days of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that all awards to which he is entitled
should be entered in Item 13 of his DD Form 214 was carefully considered
and found to have merit.
2. The evidence of record confirms the applicant completed 10 months of
active duty service between 21 February and 20 December 2006, at which time
he was honorably discharged, by reason of physical disability with
severance pay. Therefore, based on his qualifying honorable active duty
service, he is entitled to the NDSM and the GWOTSM. As a result, it would
be appropriate to add these awards to Item 13 of his separation document.
3. The applicant's contention that his completion of BCT should be
documented in Item 14 of the DD Form 214 was also carefully considered.
However, by regulation, the information in Item 14 is to assist the Soldier
in job placement and counseling; therefore, training courses for combat
skills, which includes BCT, are not authorized to be entered. Therefore,
there is an insufficient evidentiary basis to support granting this portion
of the requested relief.
4. Finally, the applicant's claim that the entry in Item 17 of his DD Form
214 is incorrect was also carefully evaluated, and while it appears because
he completed over 180 days of active military service, the “NA” entry in
this item would not be appropriate. However, absent Health Care
(Medical/Dental) records to verify the applicant's dental status, there are
insufficient information, evidence, and records to render a fair and
impartial decision on this matter at this time. The applicant may reapply
if he can provide a copy of his dental record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___LE __ __JTM __ __RTD __ 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 showing his entitlement to the National Defense
Service Medal and the Global War on Terrorism Service Medal; and by
providing him a correction to his separation document that includes these
awards.
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 14 and Item 17 of his DD Form 214.
_____Lester Echols_______
CHAIRPERSON
INDEX
|CASE ID |AR20070002129 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2007/08/23 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2007/08/DD |
|DISCHARGE AUTHORITY |AR 635-40 |
|DISCHARGE REASON |Disability Severance Pay |
|BOARD DECISION |GRANT PARTIAL |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. 1021 |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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