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ARMY | BCMR | CY2008 | 20080013539
Original file (20080013539.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	       5 March 2009

		DOCKET NUMBER:  AR20080013539 


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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her primary specialty and military education, and award of the National Defense Service Medal.

2.  The applicant states, in effect, that her DD Form 214 contains administrative errors.

3.  The applicant provides a copy of her DD Form 214, dated 21 May 2008; a copy of her Enlisted Record Brief (ERB), dated 12 May 2008; and a copy of a diploma, dated 17 April 2008, showing completion of the Basic Topographic Analyst Course in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the Regular Army for a period of 4 years on 23 August 2007.  She completed basic combat training and advanced individual training.  There is no evidence to show she was awarded military occupational specialty (MOS) 21U (Topographic Analyst).

2.  The applicant's records further show she was honorably discharged on 21 May 2008.  The DD Form 214 she was issued shows she completed 8 months and 29 days of honorable service.  Item 11 (Primary Specialty), item 13 (Awards, Decorations, Medals, Badges, Citations, and Campaign Ribbons 

Awarded or Authorized), and item 14 (Military Education) of her DD Form 214 show an entry of "None" in each.

3.  Section VI (Military Education) of the applicant's ERB, dated 12 May 2008, shows the entry "None/None."  Section VIII (Awards and Decorations) of her ERB shows she was awarded the National Defense Service Medal.

4.  On 16 April 2008, the applicant was counseled concerning her options now that she was pregnant.

5.  The applicant submitted a copy of her diploma, dated 17 April 2008, showing she successfully attended and completed the 23-week Basic Topographic Analyst Course at the National Geospatial-Intelligence Agency, from 7 November
2007 to 17 April 2008.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 11 shows the primary specialty.  Obtained from the ERB, this entry shows the titles of all MOSs served for at least 1 year and includes for each MOS 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 shows the Soldier’s military education from his or her ERB by listing formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This item includes title, length in weeks, and year completed.

7.  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 and 27 July 1954, 1 January 1961 and 14 August 
1974, 2 August 1990 and 30 November 1995 and 11 September 2001 and 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.

8.  A review of the applicant's records indicates entitlement to additional awards that are not shown on her DD Form 214.

9.  Army Regulation 600-8-22 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.  

10.  Army Regulation 600-8-22 states, in pertinent part, that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 non-consecutive days, or meet one of the following criteria:  (1) initial award of the Global War on Terrorism Service Medal is limited to airport security operations from 27 September 2001 through 31 May 2002 and Soldiers who supported Operations Noble Eagle, Enduring Freedom, or Iraqi freedom; or (2) all Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her primary specialty, military education, and award of the National Defense Service Medal.

2.  With respect to the applicant's primary specialty, the Army intends the awarding of an MOS to be the end result of a Soldier completing advanced individual training; if the course was not successfully completed, the MOS is not awarded.  There is no evidence of record to show that the applicant was awarded MOS 21U, possibly because it was known she was pregnant before the course ended on 17 April 2008.  However, she was not counseled regarding her options until 16 April 2008, one day prior to graduation.  It is therefore reasonable to presume that she actually did complete the course (as opposed merely having the diploma administratively prepared in anticipation of graduation without actually graduating).  Therefore, it appears that since the applicant completed the Basic Topographic Analyst Course, she met the requirements for award of this MOS and should have her records corrected to show completion of this MOS.  However, as she would not have held the MOS for at least one year, the number of years and months served in this MOS should show an entry of zero.

3.  With respect to the applicant's military education, the preponderance of the evidence of record shows that the applicant completed the 23-week Basic Topographic Analyst Course at the National Geospatial-Intelligence Agency from 7 November 2007 to 17 April 2008 which is not shown on her DD Form 214; therefore, she is entitled to correction of her DD Form 214 to show this training course.

4.  With respect to the applicant's awards and decorations, the evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal, the Global War on Terrorism Service Medal.  Since it is now presumed that she actually did successfully complete her initial entry training, the applicant is also eligible for award of the Army Service Ribbon. These awards should be shown on her DD Form 214.

BOARD VOTE:

___X____  ___X____  ___X____  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:

	a.  deleting the entry "none, nothing follows" from item 11 of the applicant's DD Form 214 and adding the entry "21U  Topographic Analyst  00  00  00";

	b.  adding the National Defense Service Medal, the Army Service Ribbon, and the Global War on Terrorism Service Medal to item 13 of the applicant's DD Form 214; 

	c.  deleting the entry "none, nothing follows" from item 14 of the applicant's DD Form 214; and 

	d.  adding the entry "Basic Topographic Analyst Course, 23 weeks, 2008" to item 14 of the applicant's DD Form 214.



															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.

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