PROCEEDINGS

	IN THE CASE OF:      .

	BOARD DATE:           13 June 2000                   
	DOCKET NUMBER:   AR2000035085

	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.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon 		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis 		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.  In effect, the applicant requests that he be issued a new DD Form 214 reflecting his foreign service, his military occupational specialty (MOS) as 91B40, vice 91B20, and all his awards.  In a separate request to a Member of Congress the applicant requests the separation code SPN 21L be changed to show 202 or 201 to show that he was separated on the expiration of his term of service (ETS).  
3.  The applicant states that he was separated from the Army based on temporary records, and that notation on his DD Form 214 casts suspicion on the nature of his service, and hurts his job opportunities.  He states that his              DD Form 214 should be corrected as indicated in his request, to include entries showing award of the Army Good Conduct Medal, Driver’s Qualification Badge    (2nd award), and Sharpshooter Qualification Badge with rifle and grenade bars.

4.  The applicant’s military records show that he enlisted in the Army for three years on 25 March 1969, completed training as a medical corpsman, and in October 1969 was assigned to a medical company in Germany.  

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was awarded the Safe Driver’s Badge and the Safe Driver’s Badge (2nd award).  That record, and documents that he submits with his application, also show that the applicant was awarded the Sharpshooter Qualification Badge with rifle bar, and a qualification badge (degree unknown) with grenade bar.  He was awarded MOS 91B20 on 1 June 1970 as reflected on his DA Form 20.  He was promoted to pay grade E-5 on 14 October 1971 and his DA Form 20 shows that he was an assistant platoon sergeant, MOS 91B40, from 14 October 1971 until                     2 December 1971.  

6.  The applicant requested early separation to attend school.  His request was granted and he returned to the United States in December 1971.  His records show that he served in Germany from 11 October 1969 until 10 December 1971. The applicant was released from active duty on 1 February 1972 at Fort McPherson, Georgia.  His DD Form 214 shows only that he was awarded the National Defense Service Medal.  It shows that he was separated under the provisions of Army Regulation 635-200, paragraph 5-3.  His separation code is shown as SPN 21L, and his date of entry on active duty as 26 March 1969.  His DD Form 214 also reflects his MOS as 91B20.  The remarks section of that form contains the statement, “Separated from service on temporary records and soldier’s affidavit.”   

7.  Army Regulation 600-8-22 provides that the Army 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.  

8.  The Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Although Army Regulation 600-8-22 provides for component bars of the Driver Badge, e.g., wheeled vehicles, tracked vehicles, it does not provide for a second award of that badge, notwithstanding the information contained in the applicant’s records.

9.  Army Regulation 635-200, then in effect, provides for the separation of enlisted personnel from the Army.  Paragraph 5-3 provides for the separation of enlisted personnel for the convenience of the government, under the authority of the Secretary of the Army.

10.  Army Regulation 635-5, then in effect, provides separation program numbers, the authorities, and reasons for separation, and states, in effect, that the DD Form 214 of a soldier separated for other good and sufficient reasons when determined by secretarial authority, under the provisions of Section II, chapter 5, AR 635-200, will show an SPN code of 21L.  The DD Form 214 of a soldier separated on the expiration of his term of service (ETS) will show an SPN code of 201.    

CONCLUSIONS:

1.  The applicant was released from active duty prior to his ETS under the provisions of Army Regulation 635-200, paragraph 5-3, which requires that an SPN code of 21L be reflected on his DD Form 214.  Therefore, his SPN code is correct. 

2.  The applicant served in a duty position as an assistant platoon sergeant in MOS 91B40, for less than two months.  He was not awarded that MOS.  His MOS of 91B20 reflected on his DD Form 214 is correct. 

3.  The applicant’s records show that he arrived in Germany on 11 October 1969 and returned to the United States on 10 December 1971.  He had 2 years,          1 month, and 29 days of foreign service.  That information should be reflected on his DD Form 214.

4.  The applicant was awarded the Safe Driving Badge (2nd award).  There are no provisions contained in the regulation for more than one award of the Driver’s Badge.  However, his DD Form 214 should show that he was awarded the Driver’s Badge with wheeled vehicle bar.

5.  The applicant was awarded the Sharpshooter Qualification Badge and a qualification badge with grenade bar.  The Board accepts the applicant’s contention that he was awarded a Sharpshooter Qualification Badge with grenade bar.  Therefore, his DD Form 214 should show award of the Sharpshooter Qualification Badge with rifle and grenade bars.

6.  His DD Form 4 (Enlistment Record) shows that he entered on active duty on 25 March 1969, not 26 March 1969.  His DD Form 214 should reflect this date as his date of entry, and the information concerning his net service and total service should show 2 years, 10 months, and 7 days, vice 6 days.

7.  The applicant served his country honorably and faithfully.  He is entitled to award of the Army Good Conduct Medal. 

8.  The applicant should be issued a new DD Form 214, reflecting the above corrections, and ensuring that the remark, “Separated from service on temporary records and soldier’s affidavit,” is not included on this new separation document. 

9.  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 issuing the applicant a new DD Form 214 to show the information contained on his current DD Form 214; however, ensuring that the remark that he was separated on his temporary records and his affidavit is not included on this separation document; and reflecting the following additions and corrections:

     a.  show that the applicant was awarded the Army Good Conduct Medal, the Driver’s Qualification Badge with wheeled vehicle bar, the Sharpshooter Qualification Badge with rifle bar and grenade bar;
 
     b.  show that the applicant entered on active duty on 25 March 1969 and that he had 2 years, 10 months, and 7 days of net service and total service; and

c.	show that he served in Germany for 2 years, 1 month, and 29 days.

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

BOARD VOTE:  

___bje___  ___eb___  ___jhk__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000035085	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000613	
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.  1021	107.00	
2.	110.00	
3.		
4.		
5.		
6.