IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20070007054 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the following blocks (correctly known as Item) of his DD Form 214 (Certificate of Release or Discharge From Active Duty) dated 23 September 2005 be corrected to show in:  

	a.  Item 6 (Reserve Obligation Termination Date) “00000000”;
      
      b.  Item 9 (Command to Which Transferred) “NA”;
      
      c.  Item 12b (Separation Date This Period) “2005 09 27”;
      
      d.  Item 12c (Net Active Service This Period) “0000 04 12”;
      
      e.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) “National Defense Service Medal and Global War on Terrorism- Expeditionary”;
      
       f.  Item 25 (Separation Authority) AR 600-8-24, PARA 2-37;
      
      g.  Item 26 (Separation Code) “JHF”; and
      
      h.  Item 28 (Narrative Reason For Separation) “Failure to complete course of instruction.”  


2.  The applicant states, in effect, that he has provided two DD Forms 214.  However, the second document is correctly known as a DD Form 214 worksheet. 
He also states that he wants his DD Form 214, dated 23 September 2005 corrected to read like the DD Form 214 Worksheet and a second DD Form 215 to show the corrections.

4.  The applicant provides a copy of his DD Form 214, a DD Form 214 Worksheet, and a copy of a DD Form 215 in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he was appointed as a second lieutenant in the U.S. Army Reserve on 22 December 2004.  He was ordered to active duty on 16 May 2005 for the purpose of attending the Transportation Officer Basic Course at Fort Eustis, Virginia.  

2.  On 23 September 2005 the applicant was honorably discharged from active duty and transferred to the USAR.  The applicant’s official DD Form 214, dated 
23 September 2005 shows the following entries:
      
      a.  Item 6 “20121221,” the reserve obligation termination date;
      
      b.  Item 9 “99th RRC TTHS Account, 99 Soldiers Lane, Coraopolis Pennsylvania,” the command to which the applicant was transferred; 
      
      c.  Item 12b “2005 09 23,” the separation date this period; 

d.  Item 12c “0000 04 08,” the net active service this period; 

e.  Item 13 “NONE//NOTHING FOLLOWS,” Decorations, Medals, Badges;
Citations, and Campaign Ribbons Awarded or Authorized; 

f.  Item 25 “AR 600-8-24, PARA 4-2A (14),” the separation authority; 

g.  Item 26 “LND,” the separation code; and 

	h.  Item 28 “MISCELLANEOUS/GENERAL REASONS,” the narrative reason for separation.

3.  The applicant submitted a copy of a DD Form 214 Worksheet.  This worksheet shows in Item 6 “00000000,” as the reserve obligation termination date; Item 25 shows AR 600-8-24, para 2-37, as the separation authority; 
Item 26 shows “JHF,” as the separation code, and Item 28 shows “failure to complete course of instruction,” as the narrative reason for separation.

4.  The applicant submitted a DD Form 215, dated 9 June 2006 which corrected Item 12b to show “2005 09 26,” his separation date this period and Item 12c to show “0000 04 11,” his net active service this period on the DD Form 214 dated 23 September 2005.   

5.  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 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 Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File (OMPF).

6.  Army Regulation 600-8-24 (Officer Transfer and Discharges), established the policy for processing involuntary REFRAD and termination of Reserve appointments of student officers and warrant officers attending branch orientation, familiarization courses, or WOBC.  Paragraph 4-2A (14), in pertinent part, elimination action may be or will be initiated as indicated below for the discovery of any other condition concerning a probationary officer that indicates the officer’s retention in the Army would not be in the best interest of the United States.

7.  Army Regulation 600-8-24 paragraph 2-37(d), in pertinent part, states that an officer attending a service school who is resigning from the course, HQDA (AHRC-OPD-A) is the final authority to approve or disapprove the REFRAD or discharge.  Officers who resign from a course or voluntarily terminate attendance will normally be required to complete the period of service required by law and regulation incident to their appointment as officers.  For all other cases, the GCMCA for an officer attending a service school has the final authority to approve or disapprove the officer’s REFRAD (ARNGUS or USAR officers) or discharge (USAR officers) under this section. 

8.  Army Regulation 635-5-1 (SPD Codes), in effect at the time, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  Additionally, Table 2-3 (SPD/RE Code Cross Reference Table), AR 635-5-1 (Separation Documents) established RE Codes to be assigned for each SPD.  

9.  A separation code of "LND" applies to persons who were involuntarily discharged for Miscellaneous/General Reasons under the provisions of AR 
600–8–24, paragraph 4–2a (12), (13), or (14).

10.  A separation code of "JHF" applies to officers who were involuntarily discharged for failure to complete course of instruction under the provisions of AR 600–8–24, paragraph 2–37 or paragraph 4–2b (14).  

11.  Military Personnel Message Number 02-150, subject:  Reinstatement of the National Defense Service Medal, referenced Office of the Deputy Secretary of Defense Memorandum, same subject, dated 26 April 2002.  The memorandum authorized reinstatement of the National Defense Service Medal.  It stated that the National Defense Service Medal is awarded for honorable active service and includes the following inclusive periods:  27 June 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.  It stated that, as a one-time only exception, members of the Army National Guard and the USAR who were part of the Selected Reserves in good standing were authorized the National Defense Service Medal per Executive Orders Number 12778, dated 18 October 1991, for the period 2 August 1990 through 30 November 1995.  A bronze service star will be worn to signify receipt of a second or subsequent award.

12.  HRC Message, dated 17 March 2004, disseminated implementing instructions for award of the GWOTEM for Soldiers deployed abroad for service in GWOT operations on or after 11 September 2001 to a date to be determined.  To be eligible for this award a Soldier must be mobilized with or assigned or attached to a unit participating in designated operations for 30 consecutive days or for 60 nonconsecutive days in the areas of eligibility (AOE) designated, or must meet one of the following criteria: a)  be engaged in actual ground combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless, of the time in the AOE; b) while participating in the designated operation, regardless of time, is killed or wounded/injured requiring medical evacuation from the AOE, or c) participate as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the AOE in direct support of Operations Enduring Freedom and/or Iraqi Freedom.  The message also states that under no condition will any Soldier in the United States receive this award.





DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that Item 6 (Reserve Obligation Termination Date); Item 9 (Command to Which Transferred); Item 12b (Separation Date This Period); Item 12c (Net Active Service This Period); Item 25 (Separation Authority); Item 26 (Separation Code), and Item 28 (Narrative Reason For Separation) of his DD Form 214, dated 23 September 2005, should be corrected was carefully considered and found to be without merit. 

2.  The evidence of record shows that the applicant was issued a DD Form 215 that corrected Item 12b and Item12c of his DD Form 214, dated 23 September 2005.  There is no evidence nor did the applicant submit any evidence that shows these items should be further corrected.  Therefore no corrections of these items are required.

3.  There is no evidence nor did that applicant submit any evidence that shows Item 6 (Reserve Obligation Termination Date); Item 9 (Command to Which Transferred); Item 25 (Separation Authority); Item 26 (Separation Code), and Item 28 (Narrative Reason For Separation) of his official DD Form 214, are incorrect.  Therefore, no corrections of these items are required.

4.  The applicant’s contention that he was issued two DD Forms 214 was carefully considered and found to be without merit.  In fact, the applicant was issued only one DD Form 214 and a DD Form 214 Worksheet.  The official 
DD Form 214 is authenticated by the applicant’s signature.  In effect, it was the applicant’s verification that the information contained on the separation document was correct at the time the document was prepared and issued.  Absent any additional evidence corroborating the applicant was released from active duty and discharged from the USAR because of his failure to complete the required course of instruction, there is an insufficient evidentiary basis to provide the requested relief.

5.  The available evidence show the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, his records should be corrected to show this award.

6.  The available evidence also shows the applicant met the criteria for award of the Global War on Terrorism Service Medal for his service in support of Operation Enduring Freedom outside the area of eligibility, from 16 May 2005 to 23 September 2005.  Therefore, the applicant's record should be corrected to show this award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  __X____  ____X____ 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 changing Item 13 of his DD Form 214 to show award of the National Defense Service Medal and Global War on Terrorism Service Medal. 

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 correcting Item 6; Item 9; Item 12b; Item 12c; Item 25; Item 26 and Item 28 of the applicant’s DD Form 214. 



          __ _______X__________
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070007054



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ABCMR Record of Proceedings (cont)                                         AR20070007054



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