PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 March 2000                  
	DOCKET NUMBER:   AR1999028138

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 correction of her DA Form 4037 (Officer Record Brief) to show her correct assignment history.  She also requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 1 September 1991 to show award of the Bronze Star Medal.

3.  The applicant states that her records should reflect her correct assignment history.  She also contends that she was awarded the Bronze Star Medal on or about 20 August 1991.  In support of her application, she submits a letter of explanation dated 24 May 1999, a Reply to National Personnel Records Center Inquiry dated 24 March 1999, a copy of her DA Form 4037 (Officer Record Brief) dated February 1992, orders and an award certificate for the Bronze Star Medal and her Honorable Discharge from the USAR dated 26 November 1993. 

4.  The applicant’s military records show that she was commissioned as a Reserve officer in the Judge Advocate General Corps on 14 September 1983.  On 28 September 1983 she entered active duty, served as a Judge Advocate General and was released from active duty on 27 September 1986 and transferred to the USAR.  She was ordered to active duty in support of Operation Desert Shield/Desert Storm on 22 April 1991.  She served in Southwest Asia from 28 April 1991 through 12 August 1991 and was released from active duty on 1 September 1991.  The applicant resigned from the USAR on 26 November 1993 in the rank of major.   

5.  The applicant’s DD Form 214 with an effective date of 1 September 1991 does not show the Bronze Star Medal as an authorized award.

6.  The applicant provided a copy of Headquarters U.S. Army Central Forces Command Permanent Orders 154-7, dated 8 August 1991, which shows she was awarded the Bronze Star Medal for meritorious service for the period 28 April 1991 to 20 August 1991.

7.  The DA Form 4037 (Officer Record Brief) is a document prepared for officers on active duty and used primarily for career management purposes.  Officer Record Briefs are not maintained on retired officers or officers who are not on active duty.     

CONCLUSIONS:

1.  The Board noted the applicant’s contention that her assignment history is incorrect on her DA Form 4037 (Officer Record Brief).  However, evidence of record shows the applicant was released from active duty on 1 September 1991 and has no military status at this time.  Since DA Forms 4037 (Officer Record Brief) are not maintained on retired officers or officers who are not on active duty, an updated DA Form 4037 (Officer Record Brief) cannot be prepared.     

2.  The applicant was awarded the Bronze Star Medal on 8 August 1991.  Therefore, she is entitled to correction of her DD Form 214 with an effective date of 1 September 1991 to show award of the Bronze Star Medal. 

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal on her DD Form 214 with an effective date of 1 September 1991.

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

BOARD VOTE:  

RVO____  EJA____  EWL ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’ Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999028138	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19910901	
DISCHARGE AUTHORITY	AR 635-100 Chapter 3	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	100.0000	
3.		
4.		
5.		
6.