IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080003924 


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 two separate applications, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his primary specialty; his correct record of service; the decorations, medals, badges, citations and campaign ribbons awarded or authorized that he was awarded or authorized; and his military education.  

2.  The applicant states that his military occupational specialty (MOS) is not recorded on his DD Form 214 and that the date of separation reflected on his DD Form 214 is incorrect.  He states that the Army Service Ribbon and the "infantry lapel pin" are not listed as decorations and his recorded marksmanship awards for grenade and Rifle M-16 are nowhere in his records.  He states that he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar.

3.  The applicant provides in support of his application, a copy of his DD Form 214; a copy of his Physical Evaluation Board Proceedings; a copy of his Army/Ace Registry Transcript System (AARTS) Transcript; a copy of his Verification of Military Experience and Training; Orders 194-3051 dated 12 July 2004; Orders 045-2204 dated 14 February 2005; Orders 194-3540 dated 12 July 2004; a copy of his Fort Benning/Dahlonega Transition Processing Physical Disability Information; a copy of his Certificate of Live Birth; a copy of his High School Diploma; and a Request Pertaining to Military Record (Standard Form 180).


CONSIDERATION OF EVIDENCE:

1.  On 12 May 2004, the applicant enlisted in the Regular Army in Chicago, Illinois, for 3 years and 16 weeks, in the pay grade of E-3.  He was transferred to Fort Benning, Georgia, on 21 May 2004.

2.  Orders 194-3051 were published on 12 July 2004 awarding the applicant an 11B1O primary military occupation specialty (PMOS) with an effective date of 27 August 2004 or upon completion of MOS training.

3.  The applicant's Enlisted Qualification Record shows that he was awarded qualification badges for the M-16 rifle and the hand grenade.  However, the available records do not show the level of the qualification badges, such as Expert, Sharpshooter, or Marksman.

4.  On 14 February 2005, Orders 045-2204 was published reassigning the applicant the United States Army Transition Point for discharge processing, with a reporting date and an effective date of discharge of 9 March 2005.

5.  On 9 March 2005, the applicant was honorably discharged, with severance pay, under the provisions of Army Regulation 635-40, paragraph 4-24B(3), due to physical disability.  

6.  The DD Form 214 that the applicant was furnished at the time of his discharge shows that he had no primary specialty; that his separation date this period was 17 February 2005; that he had 9 months and 6 days of net active service this period; and that he had no military education.  His DD Form 214 also shows that he was awarded the Global War on Terrorism Service Medal, the National Defense Service Medal, and the Army Lapel Button.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.  It provides, in pertinent part, that for:

	a.  Item 11 (Primary Specialty) list only those specialties that have been awarded in accordance with Army Regulation 611-201 and that have been held for at least 1 year;



	b.  Item 12b (Separation Date This Period) enter the Soldier’s transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government;

	c.  Item 12c (Net Active Service This Period) enter the amount of service this period, computed by subtracting item 12a (Date Entered Active Duty This Period) from 12b;

	d.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier’s records; and

	e.  Item 14 (Military Education) from the Soldier’s records, list formal in-service training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

8.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 erroneously shows his separation date as 17 February 2005.  However, his records show that on 14 February 2005, Orders 045-2204 was published reassigning him to the United States Army Transition Point for discharge processing, with an effective date of discharge of 9 March 2005.  Therefore, his DD Form 214 should be corrected to show his separation date this period as 9 March 2005 and his net active service this period as 9 months and 29 days.





2.  The applicant is entitled to have the Army Service Ribbon included on his DD Form 214.  He successfully completed his initial entry training as required by the applicable regulation and therefore, his DD Form 214 should be amended to include this award.

3.  The applicant did not hold his awarded MOS for at least 1 year as required by Army Regulation 635-5.  As a result, the MOS that he held while he was in the Army was properly not included on his DD Form 214 at the time of his discharge.

4.  In accordance with the applicable regulation only formal in-service (full-time attendance) non-combat skills related training courses successfully completed during the period of service will be listed under military education.  There is no evidence in the available record, nor has the applicant submitted any evidence to support his contention that he had military education that failed to be included on his DD Form 214.  Therefore, there is no basis for amending Item 14 of his DD Form 214.

5.  Although the applicant's Enlisted Qualification Record does show that he was awarded qualification badges for qualifying with the M-16 rifle and hand grenade, there are no orders showing the specific level of the weapons qualifications.  Therefore, there is insufficient evidence to amend his records to include these awards until such time as he can provide documentation to verify the level of qualification for these awards.

6.  The applicant's request regarding his desire to have an "infantry lapel pin" included on his DD Form 214 has been noted.  However, there are a number of infantry lapel pins and/or badges to which the applicant may be referring and he has provided no evidence or information to show which "infantry lapel pin" that he believes that he may be entitled.  Accordingly, his DD Form 214 cannot be amended to reflect an award to which he may not be entitled. 

7.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's record as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 amending his DD Form 214 to show his separation date this period as 9 March 2005 and his net active service this period as 9 months and 29 days; and that he was awarded the Army Service Ribbon.

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 amending his DD Form 214 to include his MOS, the "Infantry Lapel Pin", qualification badges, and military education.



      ___        XXX                ___
                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)                                         AR20080003924



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ABCMR Record of Proceedings (cont)                                         AR20080003924



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