IN THE CASE OF:	  

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110023809 


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 his correct last duty assignment in block 8a, his correct primary specialty in block 11, his correct discharge date in block 12b, his award of the Army Achievement Medal (AAM), and his nearest relative’s name in block 19b.

2.  The applicant states that his correct last duty assignment was A Troop, 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division, that his primary specialty was “19D10 Cavalry Scout”, that his discharge was on 25 December 2002, that he was awarded the AAM and that his nearest relative is “Bexxxxa Gxxxt”.

3.  The applicant provides a copy of his DD Form 214, a copy of his discharge order, a copy of his conditional approval of command sponsorship, and a copy of his court-martial order.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records though somewhat incomplete, as he was separated on temporary records, show that he enlisted in the Regular Army on 21 July 1999 for a period of 3 years, training as a 19D10 Cavalry Scout and assignment to Europe.

2.  He completed his one-station unit training (OSUT) as a 19D1O Cavalry Scout at Fort Knox, Kentucky and was transferred to Germany for assignment to A Troop, 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division.

3.  On 11 September 2002 he was convicted pursuant to his pleas by a General Court-Martial of conspiracy to steal mail matter and stealing mail matter.  He was sentenced to reduction to the pay grade of E-1, confinement for 120 days and a Bad Conduct Discharge (BCD).

4.  He was transferred to the Mannheim Correctional Facility to serve his confinement and when he was released he was assigned to the Personnel Control Facility (PCF), Special Processing Company at Fort Knox, Kentucky pending the appellate review of his discharge.

5.  The applicant was placed on involuntary excess leave pending his appellate review on 21 December 2002.

6.  On 8 June 2004 General  Court-Martial Order Number 22 issued by Headquarters, 7th Army Training Command in Germany directed that the findings and sentence as approved by the convening authority had been affirmed and directed that the applicant’s BCD be executed.

7.  For reasons not explained in the available records, the applicant was not discharged until 17 May 2010, pursuant to a duly affirmed court-martial conviction.

8.  His DD Form 214 issued at the time of his discharge shows that his last duty assignment was the “PCF SPEC PROC CO TC”, that his separation date this period was “2010 05 17”, that his primary specialty was “OOD10 00 SPECIAL DUTY ASG – 00 YRS OO MOS, and that he had no awards. It also shows the entry “EXACT NAME UNKNOWN” in block 19b.

9.  A review of the available records shows that he was awarded the AAM in Permanent Orders Number 278-21 issued by the Commander of the 4th Cavalry Regiment in Schweinfurt, Germany on 4 October 2000.

10.  The applicant’s records do not show how long he served as a 19D10 Cavalry Scout nor does it show when he was transferred to Germany. 

11.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is contained in official records at the time of separation.

12.  Army Regulation 600-8-22 (Military Awards) states 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to the PCF Special Processing Company at Fort Knox upon completion of his confinement while awaiting for the appellate review of his court-martial.  Accordingly, it was his last duty assignment and it is properly reflected on his DD Form 214.  Therefore, there is no basis to change that entry.

2.  The applicant was awarded the primary specialty of 19D1O Cavalry Scout upon completion of his OSUT and is entitled to have that specialty added to his DD Form 214.  However, there is insufficient evidence to determine how long he served in that specialty so no time served can be added at this time.

3.  The applicant’s records show that he was placed on involuntary excess leave from 21 December 2002 until such time as he was discharged on 17 May 2010.  Accordingly, his DD Form 214 coincides with his discharge orders and there is no basis to change that entry.

4.  However, the applicant was awarded the AAM and served during a qualifying period for award of the National Defense Service Medal (NDSM).  Accordingly, they should be added to his DD Form 214 at this time.

5.  The name provided by the applicant as his nearest relative is his spouse’s name and should be entered in block 19b.

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: 

* Deleting the entry “00D10 SPECIAL DUTY ASG” from block 11 of his DD Form 214
* Adding the entry “19D10 Cavalry Scout” to block 11 of his DD Form 214
* Deleting the entry “NONE” from block 13 of his DD Form 214
* Adding the awards of the AAM and NDSM to block 13 of his DD Form 214
* Deleting the entry “EXACT NAME UNKNOWN” from block 19b of his DD Form 214
* Adding the entry “Bexxxxa Gxxxt” as shown on the 24 August 2001application for command sponsorship memorandum, to block 19b of his DD Form 214 

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 changing his last duty assignment and separation date on his 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)                                         AR20110023809





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ABCMR Record of Proceedings (cont)                                         AR20110023809



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