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ARMY | BCMR | CY2013 | 20130015621
Original file (20130015621.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	   14 May 2014 

		DOCKET NUMBER:  AR20130015621 


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 correction of item 11 (Primary Specialty) of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests a second award of the Army Achievement Medal (AAM) be added to his DD Form 214.

2.  The applicant states:

* for item 11, he is not receiving credit for his full service, he served for 
      3 years, 5 months, and 28 days
* for item 13, he did not have the DA Form 638 (Recommendation for Award) in his possession at the time of his discharge

3.  The applicant provides:

* DD Form 214
* DA Form 638

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 July 2008 for a period of 
3 years and 20 weeks.  He completed his training and was awarded military occupational specialty 92G (food service operations).  

2.  He provides a DA Form 638, dated 26 August 2009, for award of the AAM for meritorious achievement for the period 10 August 2009 to 21 August 2009.  Item 8 (Previous Awards), shows, “NO AWARDS.”

3.  On 18 November 2011, he was discharged for misconduct.    

4.  Item 11 of his DD Form 214 shows the entry "92G1O FOOD SERVICE OPERATIO – 2 YRS (years) 11 MOS (months)//NOTHING FOLLOWS."

5.  His DD Form 214 shows, among other awards, one award of the AAM.

6.  There are no orders for a second award of the AAM in the available records.

7.  Section VIII (Awards and Decorations) of his Enlisted Record Brief (ERB) is blank.

8.  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 establishes standardized policy for preparation of the DD Form 214.  The regulation provides that for item 11, enter from the ERB/Officer Record Brief the titles of all military occupational specialties (MOS) or area of concentration (AOC) served for at least 1 year and include for each MOS/AOC 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.

9.  Army Regulation 600-8-22 (Military Awards) states the AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  Item 11 of the applicant's DD Form 214 shows he served 2 years and 
11 months in MOS 92G.  He contends he served 3 years, 5 months, and 28 days and item 11 of his DD Form 214 does not give him credit for this service.  Since the governing regulation states basic training and advanced individual training do not count when calculating the number of years and months served in the specialty, it appears item 11 properly reflects his time in MOS 92G.

2.  He provides a DA Form 638 which shows he received the AAM for meritorious achievement during the period 10 August 2009 to 21 August 2009, no previous awards, and his DD Form 214 shows one award of the AAM.  Since there are no orders for a second award of the AAM in the available records, there is insufficient evidence on which to base adding a second award of the AAM to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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.



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ABCMR Record of Proceedings (cont)                                         AR20130015621



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