BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100026044 


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, reconsideration of her earlier request for correction to item 18 (Remarks) on her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 11 June 1982 where it states, "1 day excess leave from 4 October 1981 to 5 October 1981."

2.  As new issues, she requests:

	a.  in effect, correction of item 26 (Separation Code) of her 1982 DD Form 214 and award of a U.S. Army Reserve (USAR) incentive under the Student Loan Repayment Program (SLRP).  

	b.  correction to her DD Form 214, for the period ending 7 November 2003, to show all of her military occupational specialties (MOS), military education, and awards for her service during Operation Enduring Freedom (OEF).

3.  She states, in effect, she would like the 1 day of excess leave removed from her 1982 DD Form 214.  She also states she should have been entitled to benefits under the SLRP.  She further states that because of the type of discharge she received in 1982, the separation code of "MDG" has made it hard for her to get a job.  She finally states, in effect, all of her MOSs, military education, and awards are not listed on her 2003 DD Form 214.

4.  She provides:

* a DA Form 2-1 (Personnel Qualification Record - Part II)
* her Radio Teletypewriter Operator Course; Skills, Techniques, and Attrition Management Program (1991); and Advanced Course for Reserve Components (1996) completion certificates
* her 1982 and 2003 DD Forms 214
* her Army Good Conduct Medal orders
* a memorandum, subject:  Notification of Eligibility for Retired Pay at Age 60
* her 2003 release from active duty orders
* a Department of Veterans Affairs confirmation letter of service-connected disability compensation
* a DD Form 2860 (Claim for Combat-Related Special Compensation (CRSC)
* a letter from the CRSC Branch, U.S. Army Human Resources Command, Fort Knox, KY

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number A88-09331 on 28 June 1989.

2.  With respect to the excess leave issue, the applicant did not provide any new evidence or argument.  Army Regulation 15-185 (ABCMR) sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and it has not previously been reconsidered.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  Her military records show she enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 7 May 1979.  She was discharged from the USAR DEP on 24 October 1979 and she enlisted in the Regular Army (RA) on 25 October 1979 for a period of 3 years in pay grade E-1.  She completed basic combat and advanced individual training (AIT) and she was awarded MOS 72E (Combat Telecommunications Center Operator).  

4.  She provided a copy of her completion certificate for the Radio Typewriter Operator Course, dated July 1981.

5.  She was honorably released from active duty, in pay grade E-3, on 11 June 1982, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations) by reason of completion of required active service.  She was transferred to the USAR Control Group (Reinforcement) to complete her remaining Reserve obligation.  She was credited with completing 2 years,
7 months, and 17 days of active service.  Her DD Form 214 for this period of service shows in:

* Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Item 14 (Military Education) the:

* Radio Typewriter Operator Course, 3 Weeks (1981)
* Combat Telecommunications Center Operator, 9 Weeks (1980)
* Human Relations/Equal Opportunity Class, 1 Week (1981)
* German Headstart, 1 Week (1981)

* Item 26 the entry “MDG”
* Item 27 (Reenlistment (RE) Code) the entry “RE-3”
* Item 28 (Narrative Reason for Separation) the entry “Sole Parenthood”

6.  Item 9 (Awards, Decorations, and Campaigns) of her DA Form 2-1 also lists the:

* National Defense Service Medal
* Army Reserve Components Achievement Medal (2nd Award)
* Non-Commissioned Officer Professional Development Ribbon

7.  She provided a copy of her completion certificate for the Skills, Techniques, and Attrition Management Program, dated August 1991.

8.  She reenlisted in the USAR on 3 April 1993 for 3 years in pay grade E-5.  After her transfer to the USAR, there is no evidence of record she executed a DA Form 5261-4-R (Student Loan Repayment Program Addendum) for selection of the SLRP incentive at the time of her reenlistment on 3 April 1993.

9.  Permanent orders 5-10, issued by Headquarters, 85th Division (Exercise), Arlington Heights, IL, dated 20 June 1993, awarded her the Army Good Conduct Medal for the period 25 October 1979 through 11 June 1982.

10.  She also provided a completion certificate for the Advanced Course for Reserve Component Noncommissioned Officers, dated July 1996.

11.  She reenlisted in the USAR in pay grade E-7 on 1 April 1997, for 6 years.

12.  Orders A-265-8, issued by Headquarters, 85th Division (Exercise), dated 22 September 1997, awarded her primary MOS (PMOS) 71L (Administrative Specialist), secondary MOS (SMOS) 75C (Personnel Management Specialist), and additional MOS (AMOS) 74C (Telecommunications Operator-Maintainer), effective 22 September 1997.

13.  She was ordered to active duty in support of OEF and she entered active duty on 21 January 2003.  However, there is no indication she served overseas or completed any period of foreign service.

14.  She was honorably released from active duty in pay grade E-7 on 7 November 2003, by reason of completion of required service, and she was transferred to a Reserve unit.  She was credited with completing 9 months and 17 days of active service.  Her DD Form 214 for this period of service shows in:

* Item 11 (Primary Specialty) the entry, "71L4O 00, Administrative Specialist, 0 Years - 10 Months"
* Item 13 the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Reserve Medal with "M" Device

* Item 14 the entry "None//Nothing Follows"

15.  Army Regulation 635-200, in effect at the time, prescribed the procedures and authority for the separation of enlisted personnel from active military service because of dependency, hardship, and sole parents.  Paragraph 6-10 provided for the separation of member for dependency, hardship, or sole parents and their release from active duty with transfer to the USAR Control Group or discharge.  The service of a Soldier separated per that paragraph would be characterized as honorable or general, as appropriate.

16.  Army Regulation 135-7 (Army National Guard and USAR Incentive Programs) establishes reference for incentives authorized within the Army National Guard and USAR.  Chapter 5.1 states the SLRP is offered to qualifying non-prior, prior, and in-service personnel on signing a contractual agreement for a specified term of service in the Selected Reserve and executing a DA Form 5261-4-R (Student Loan Repayment Program Addendum) between 1 October 1980 and 30 September 1981 and 1 October 1982 until rescinded.  Selection of the SLRP incentive and execution of DA Form 56261-4-R must be made by the person when he/she signed a Selected Reserve contractual agreement.

17.  Army Regulation 635-5-1 (Separation Program Designator (SPD Codes)), in effect at the time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPDs to be used for these stated reasons.  The regulation showed that the SPD for "MDG" was appropriate for voluntary release from active duty when the narrative reason for separation was "Parenthood of married service woman or sole parent" under the provisions of Army Regulation 635-200, paragraph 6-10c(1).

18.  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.  It states for:

	a.  Item 11, enter titles of all MOSs awarded and held for at least 1 year during the current period of service.  For time determinations, 16 days or more count as a month.  Do not include basic training and AIT.

	b.  Item 13, enter all awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards); each entry will be verified by the Soldier’s records.

	c.  Item 14, enter formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214.  Include title, length in weeks, and year completed.

19.  Army Regulation 600-8-22 states 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 the Global War on Terrorism operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.  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.  With respect to her DD Form 214 for the period ending 11 June 1982, permanent orders awarded her the Army Good Conduct Medal for the period 25 October 1979 through 11 June 1982 subsequent to her release from active duty.  Therefore, her 1982 DD Form 214 should be corrected to show this award.

2.  With respect to the separation code in item 26 of her 1982 DD Form 214, the evidence of record shows she was released from active duty in 1982 as a sole parent.  There is no evidence of record and she provided none to show she was unclear regarding the reason for her release from active duty in 1982.  She has now failed to show that the separation code applied to her 1982 DD Form 214 is incorrect.  The pertinent regulation shows that the SPD code of "MDG," as shown on the applicant’s DD Form 214, is appropriate for the type of separation she received.

3.  With respect to the SLRP, there is no evidence of record and she provided none to show she qualified for and executed the appropriate documentation for a SLRP incentive on her transfer to the USAR in June 1982 and reenlistment in April 1993.  Therefore, there is no basis for granting her relief.

4.  With regard to her DD Form 214 for the period ending 7 November 2003, the evidence of record shows she was awarded SMOS 75C and AMOS 74C effective 22 September 1997.  This occurred outside the period covered by this DD Form 214, and she did not serve on active duty for at least one year during the period ending 7 November 2003.  The governing regulation mandates a listing of all MOSs awarded or held during the current period of service for at least one year (the PMOS being an exception).  Therefore, she is not entitled to listing these MOSs on her DD Form 214 for the period ending 7 November 2003.

5.  With respect to any OEF awards, the evidence of record shows she served a qualifying period of service for award of the Global War on Terrorism Service Medal.  Therefore, she is entitled to correction of her DD Form 214 for the period ending 7 November 2003 to show this award.

6.  The evidence of record shows that during her period of service in the USAR from 1986 to 2003 she was awarded the:

* National Defense Service Medal
* Army Reserve Components Achievement Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon

Therefore, she is entitled to correction to her 2003 DD Form 214 to show these awards.

7.  With respect to the training courses, in accordance with regulatory guidance, there is no provision for listing formal in-service training courses successfully completed before the period covered by the DD Form 214.  Therefore, she is not entitled to correction to item 14 of her 2003 DD Form 214 to show her training courses completed in 1991 and 1996.

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:

	a.  adding to item 13 of her DD Form 214 for the period ending 11 June 1982 the Army Good Conduct Medal (1st Award); and

	b.  adding to item 13 of her DD Form 214 for the period ending 7 November 2003 the:

* Army Good Conduct Medal (1st Award)
* Global War on Terrorism Service Medal
* National Defense Service Medal
* Army Reserve Components Achievement Medal (2nd Award)
* Noncommissioned Officer Professional Development 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:

	a.  showing her entitlement to a Student Loan Repayment Program Incentive;

	b.  adding MOSs 75C and 74C and her 1991 and 1996 training courses to her DD Form 214 for the period ending on 7 November 2003; and

	c.  correcting item 26 of her DD Form 214 for the period ending 11 June  1982 to show a separation code other than "MDG."



      __________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)                                         AR20100026044



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ABCMR Record of Proceedings (cont)                                         AR20100026044



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