IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100022092
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the M1 Abrams Master Gunner Course and the Meritorious Service Medal (MSM).
2. The applicant states that he was awarded the MSM after he was issued his DD Form 214; however, at the time of retirement he pointed out that the Master Gunner Course was not included on his DD Form 214. He was told that it could not be entered on his DD Form 214 because it was a military occupational specialty (MOS) producing school. He goes on to state that the school is an additional special identifier (ASI) producing school and nowhere in Department of the Army Pamphlet 351-4 or Army Regulation 635-5 does it state that the school cannot be added to the DD Form 214.
3. The applicant provides a copy of his MSM Certificate showing that Permanent Orders Number 296-001 issued by Headquarters, 4th Infantry Division awarded him the MSM on 23 October 2009 and a copy of his DA Form 1059 (Service School Academic Evaluation Report) showing he achieved the course standards for the M1 Abrams Master Gunner Course at Fort Knox, Kentucky on 6 May 1994.
CONSIDERATION OF EVIDENCE:
1. On 19 July 1983, the applicant enlisted in the Regular Army for a period of 4 years, training as an armor crewman and for a cash enlistment bonus. He completed his training and remained on active duty through a series of continuous reenlistments.
2. In 1994, while stationed at Fort Hood, Texas, the applicant was transferred to Fort Knox, Kentucky where he attended and completed the M1 Abrams Master Gunner Course during the period of 22 February 1994 through 6 May 1994. He was returned to Fort Hood upon completion of the course.
3. The applicant continued to serve on active duty and was promoted to the pay grade of E-8 on 1 May 2004. He deployed to Iraq from 3 December 2005 through 8 December 2006 and from 9 March 2008 through 12 February 2009.
4. On 31 July 2009, he retired in pay grade E-8 and transferred to the Retired List in the rank of first sergeant effective 1 August 2009. He had served 26 years and 12 days of total active service.
5. On 23 October 2009, the applicant was awarded the MSM for meritorious service during the period of 1 August 1999 to 31 July 2009. That award was not added to his DD Form 214. Additionally, his completion of the M1 Abrams Master Gunner Course was also not added to his DD Form 214.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. Paragraph 2-4 of that regulation provides the instructions for completing the DD Form 214. It provides, in pertinent part, that in block 14 (Military Education), training courses for combat skills will not be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and have been found to have partial merit.
2. The applicant was awarded the MSM for meritorious service during the period covered by his DD Form 214, after his retirement. Accordingly, he is entitled to have that award added to his DD Form 214 at this time.
3. However, his contention that the M1 Abrams Master Gunner Course should be added to his DD Form 214 because regulations did not indicate that it could not be has been considered and found to lack merit. The regulation governing the preparation of the DD Form 214 clearly provides that training courses for combat skills will NOT be entered on the DD Form 214. Accordingly, there appears to be no basis to grant this portion of his request.
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 adding the MSM to his DD Form 214.
2. The Board further determined that the evidence presented was 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 adding the M1 Abrams Master Gunner Course to his DD Form 214.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20100022092
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