PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            12 April 2000                  
	DOCKET NUMBER:    AR1999023672

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Stueve		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected by changing his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show item 4b (Pay Grade) Sergeant E-5; item 11(Primary Specialty) 19E10 for 2 years, and 19D10 for 2 years; item 13 (Awards) Good Conduct Medal, Expert Pistol, Jungle Expert Badge and Certificate, and the Fit to Fight Award.  He wants recognition for his exceptional instructions given on US Mines during combat skills training; for being selected a Colonel’s Orderly and for being a good leader.  He wants his Basic Noncommissioned Officer Course, and Primary Noncommissioned Officer Course added in item 14 (Military Education).  In support of his request the applicant submits a copy of his DD Form 214, a recommended list for promotion to pay grade E-5, his noncommissioned officer evaluation report (NCOER), a certificate from the Jungle Warfare Training Course, a certificate of achievement for his instruction on US Mines during combat skill training, an outstanding
achievement certificate for being selected as Colonel’s Orderly, a certificate of achievement for outstanding performance as member and leader in a scout platoon, and photos of his awards.

3.  The applicant states that the errors on his DD Form 214 has caused him a great deal of problems with civilian authorities, and that the corrections would set the record straight. 

4.  The applicant’s military records show that on 24 May 1977, he enlisted in the Regular Army (RA) for a period of 4 years.

5.  On 28 March 1978, orders were published assigning the applicant a Military Occupational Specialty (MOS) of 19D, effective 1 March 1978.

6.  The applicant was promoted to the pay grades of E-3 and E-4, on 11 July 1978 and 5 July 1979, respectively.  

7.  The applicant’s NCOER, which he submitted, for the period July 1978 to July 1979, as well as other documents from his records as shows his primary MOS as 19D10.  

8.  The second page of the above mentioned NCOER, which was not submitted by the applicant, states that his strong emotional attitude leads to vocal arguments with his peers, usually stemmed from his desire to do a good job, and once in a while his temper gets the best of him, for which he was counseled.  

9.  The applicant completed the Primary Noncommissioned Officer Course, on   20 June 1980, and the Basis Noncommissioned Course on 15 August 1980.

10.  The applicant submits a copy of a recommended list showing he was recommended for promotion to pay grade E-5, in January 1981.  

11.  On 22 May 1981, the applicant was Released from Active Duty, in the pay grade of E-4, under the provisions of Army Regulation 635-200, chapter 2, for completion of required service, with a separation code of “LBK”.  His Report of Separation indicates he had 3 years, 11 months and 29 days of creditable service.  

12.  The separation code “LBK” is used for RA soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of enlistment.

13.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. 

14.  Army Regulation 635-5 provides instructions for completing the DD Form 214.  In pertinent part, it provides that item 13 (Awards) will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

15.  Army Regulation 635-5, provides in pertinent part, that information in item 11 (Primary Specialty), include additional specialty numbers and titles involving periods of one or more years.  It also provides that information listed in item 14, (Military Education) is intended to assist the member after separation in job placement and counseling, therefore, training courses for combat skills will not be listed.

CONCLUSIONS:

1.  The applicant’s basic and primary noncommissioned officer courses should be reflected in item 14 of his DD Form 214.

2.  Although the applicant submits documents that show he was recommended for promotion to pay grade E-5, there is no evidence in his available records to indicate that he was ever promoted to E-5.

3.  The applicant’s records indicate that he held no other additional specialty/MOS for one or more years.  

4.  There is no evidence to substantiate the applicant’s claim that he was awarded the Good Conduct Medal, the fact that he was assigned the separation code of “LBK”, suggest that the applicant was barred from reenlisting and was possibly not entitled to the Good Conduct Medal.  

5.  There was no evidence in the applicant’s records to indicate he was authorized the expert pistol bar.  

6.  There is no badge or medal issued for completion of the Jungle Warfare Training Course, and no Fit to Fight badge.

7.  Certificates of appreciation are not recorded on the DD Form 214.

8.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by changing the applicant’s DD Form 214, item 14 (Military Education) to show completion of the Primary Noncommissioned Officer Course on 20 June 1980, and the Basic Noncommissioned Officer Course on 15 August 1980.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___rgh__  ___bje___  ___jps___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999023672	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000412	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 110.00		
2.		
3.		
4.		
5.		
6.