PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 February 2001  
	DOCKET NUMBER:   AR2000047219

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Roger W. Able		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, in effect, that item 12a (Date Entered Active Duty This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 21 July 2000 be corrected to show 22 May 1986; that item 12c (Net Active Service This Period) be corrected to show 14 years and 2 months; that item 12f (Foreign Service) be corrected to show three tours in Korea; that item 4a (Grade, Rate or Rank) be corrected to show “SSG” [staff sergeant]; that item 4b (Pay Grade) be corrected to show E6; that item 
11 (Primary Specialty) be corrected to show that he served in military occupational specialty 63T30 for 4 years and 11 months; that item
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show the Army Service Ribbon, a Marksmanship Qualification Badge with Rifle Bar, the Mechanic Badge, a Marksmanship Qualification Badge with Grenade Bar, an unspecified number of awards of the Good Conduct Medal; the Overseas Service Ribbon; an unspecified number of awards of the Army Achievement Medal; the Army Commendation Medal, the National Defense Service Medal and an unspecified number of awards of the  Noncommissioned Officer (NCO) Professional Development Ribbon; that item 
14 (Military Education) be corrected to show completion of advanced individual training (AIT), the Primary Leadership Development Course (PLDC), the basic noncommissioned officers course (BNCOC), and the Hazardous Material (HAZMAT) Course; and that item 15b (High School Graduate or Equivalent) be corrected to show “Yes”.

3.  The applicant states, in effect, that these items on his discharge document are incorrect.  In support of his application, he submits copies of his enlistment and reenlistment contracts.  

4.  The applicant’s records were requested from the National Records Center in St. Louis, Missouri.  However, the Official Military Personnel File (OMPF) provided does not contain all of the applicant’s personnel service records.  Therefore, this review is based on the documents provided by the applicant and the available service personnel records contained in his OMPF.  Records show that the applicant entered active duty on 22 May 1986 and reenlisted on three occasions.  On 21 July 2000 the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.

5.  Item 12a (Date Entered Active Duty This Period) on the applicant’s DD Form 214 shows the entry “1995 08 22”; item 12c (Net Active Service This Period) shows the entry “0004 09 10”; item 12f (Foreign Service) shows the entry “0000 00 00”; item 4a (Grade, Rate or Rank) shows the entry “PV1”; item 4b (Pay Grade) shows the entry “E1”; item 11 (Primary Specialty) shows the entry “63T30 00 BFVS MECH --YRS - 0 MOS//NOTHING FOLLOWS”; item 13 (Decorations) shows the entry “NONE//NOTHING FOLLOWS”; item 14 (Military Education) shows the entry “NONE//NOTHING FOLLOWS”; and item 15b (High School Graduate or Equivalent) shows an “X” in the “No” block.

6.  DD Form 4/3 (Enlistment/Reenlistment Document), dated 22 May 1986, shows the applicant entered active duty on 22 May 1986 for a period of 3 years.

7.  The applicant’s records show that he entered active duty on 22 May 1986 and was discharged from active duty on 21 July 2000, a total of 14 years, 1 month and 29 days.  His records also show that he had 50 days of lost time due to AWOL (6 December 1999 through 24 January 2000). Therefore, the applicant’s creditable service (minus the lost time) is 14 years and 10 days.  

8.  Item 5 (Oversea Service) on the available DA Form 2-1 (Personnel Qualification Record) is blank.  However, the applicant’s Enlisted Record Brief, dated 20 August 1999, shows that he served in Korea from 4 February 1993 to 29 November 1993 (9 months and 26 days) and from 4 July 1996 to 23 July 1997 (1 years and 20 days), a total of 1 year, 10 months and 16 days.

9.  The applicant’s records show that he was a staff sergeant (E6) prior to his voluntary request for discharge under the provisions of Army Regulation
635-200, chapter 10, in lieu of trial by court-martial.  As a result of his discharge, the applicant was reduced to private (E1) in accordance with paragraph 6-1e, Army Regulation 600-8-19.   

10.  Item 6 (Military Occupational Specialties) on the available DA Form 2-1 is blank.  The available records show that the applicant held MOS 63T (Bradley Fighting Vehicle Systems mechanic); however, there is no evidence which shows when the applicant was awarded MOS 63T.

11.  There is no evidence in the available records which shows the applicant was awarded the Marksmanship Qualification Badge with Rifle Bar or the Marksmanship Qualification Badge with Grenade Bar. 

12.  Headquarters 4th Infantry Division (Mechanized) Permanent Orders 029-04, dated 11 February 1988, show the applicant was awarded the Mechanic Badge.

13.  The available records contain orders for three awards of the Good Conduct Medal.

14.  The applicant’s Enlisted Record Brief, dated 20 August 1999, shows that he completed two overseas short tours in Korea (from 4 February 1993 to 
29 November 1993 and from 4 July 1996 to 23 July 1997).

15.  The applicant’s records show he received the Army Achievement Medal for meritorious achievement from 2 March 1994 to 21 June 1996.  There is no evidence of any subsequent awards of the Army Achievement Medal.

16.  There is no evidence in the available records which shows the applicant was awarded the Army Commendation Medal.

17.  There is no evidence in the available records which shows the applicant was awarded the NCO Professional Development Ribbon.  However, his records show that he successfully completed the PLDC and the BNCOC.

18.  Item 17 (Civilian Education and Military Schools) on the available DA Form 2-1 is blank.  There is no evidence in the available records which shows the AIT completed by the applicant.  

19.  DA Form 1059 (Service School Academic Evaluation Report), dated
2 February 1990, shows the applicant attended the PLDC from 5 October 1990 to 2 February 1990 and successfully completed this course.  

20.  DA Form 1059 (Service School Academic Evaluation Report), dated 
17 November 1994, shows the applicant attended the BNCOC from 18 July 1994 to 18 November 1994 and successfully completed this course.

21.  There is no evidence in the available records which shows the applicant completed the HAZMAT Course.  However, the applicant’s NCO Evaluation Report covering the period April 1994 to March 1995 shows that one of his appointed duties was HAZMAT Coordinator.

22.  Item 24 (Education) on the applicant’s DA Form 1966/2 (Record of Military Processing - Armed Forces of the United States), dated 15 April 1986, shows he graduated from high school in May 1980. 

23.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.
    
24.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

25.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

26.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the 
second and subsequent awards of the Overseas Service Ribbon.

27.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

28.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

29.  Army Regulation 600-8-22 shows that the NonCommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, Army National Guard, and US Army Reserve soldiers for successful completion of designated NCO professional development courses.  Numerals 2, 3, and 4 are used to denote the satisfactory completion of the respective levels of NCO professional development courses.  Primary level is awarded for completion of PLDC; basic level (Numeral 2) is awarded for completion of BNCOC; advanced level (Numeral 3) is awarded for advanced NCO courses; and senior level (Numeral 4) is awarded for completion of U.S. Army Sergeants Major Academy.  

30.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part it states that item 14 (military education) will list formal in service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

CONCLUSIONS:

1.  The applicant’s DD Form 214 shows his date of entry as 22 August 1995.   However, evidence of record shows the applicant entered active duty on 22 May 1986, not on 22 August 1995.  Therefore, the applicant is entitled to correction of item 12a (Date Entered Active Duty This Period) on his DD Form 214 to show this date.

2.  The Board noted that as a result of the incorrect date of entry shown on the applicant’s DD Form 214, the applicant’s net active service was calculated incorrectly.  Evidence of record shows that the applicant’s creditable service is
14 years and 10 days, not 4 years, 9 months and 10 days.  Therefore, the applicant is entitled to correction of item 12c (Net Active Service This Period) on his DD Form 214.    

3.  Evidence of record shows the applicant served 1 year, 10 months and
16 days of foreign service during his two tours in Korea.  Therefore, he is entitled to correction of item 12f (Foreign Service) on his DD Form 214 to show these dates of foreign service.  

4.  Evidence of record shows the applicant was reduced to private (E1) as a result of his voluntary request for discharge under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  Therefore, items 4a (Grade, Rate or Rank) and 4b (Pay Grade) on his DD Form 214 are correct as currently constituted. 

5.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the date he was awarded MOS 63T.  Therefore, the Board is unable to correct item 11 (Primary Specialty) on his DD Form 214.  

6.  The applicant is entitled to the Army Service Ribbon for successful completion of his initial entry training.  Therefore, his military records should be corrected to show this ribbon.    

7.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Marksmanship Qualification Badge with Rifle Bar or the Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is not entitled to correction of his military records to show these awards.  

8.  The applicant was awarded the Mechanic Badge; therefore, he is entitled to correction of his military records to show this badge.

9.  The applicant was awarded three awards of the Good Conduct Medal; therefore, he is entitled to correction of his military records to show the Good Conduct Medal (3rd Award).

10.  The evidence of record shows the applicant completed two overseas tours in Korea.  Therefore, the applicant is entitled to two awards of the Overseas Service Ribbon.

11.  Evidence of record shows the applicant received one award of the Army Achievement Medal.  Therefore, he is entitled to correction of his military records to show one award of the Army Achievement Medal.   

12.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Army Commendation Medal.  Therefore, he is not entitled to correction of his military records to show this medal.

13.  The applicant is entitled to the National Defense Service Medal for his service between 2 August 1990 through 30 November 1995.  Therefore, his military records should be corrected to show this medal.

14.  The applicant completed the PLDC and the BNCOC; therefore, he is entitled to correction of his military records to show the NCO Professional Development Ribbon with Numeral 2.      

15.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the AIT he attended.  Therefore, the Board is unable to correct item 14 (Military Education) on his DD Form 214 to show completion of AIT. 

16.  Evidence of record shows the applicant attended the PLDC from 5 October 1990 to 2 February 1990 and successfully completed this course.  Therefore, he is entitled to correction of item 14 (Military Education) on his DD Form 214 to show this course.  

17.  Evidence of record shows the applicant attended the BNCOC from 18 July 1994 to 18 November 1994 and successfully completed this course.  Therefore, he is entitled to correction of item 14 (Military Education) on his DD Form 214 to show this course.  

18.  There is no evidence of record which shows the applicant completed the HAZMAT course.  However, evidence of record shows he served as a HAZMAT coordinator.  Therefore, as an exception to regulation, the Board determined that item 14 (Military Education) on the applicant’s DD Form 214 should be corrected to show completion of the HAZMAT Course.   

19.  The applicant’s DD Form 214 shows that he was not a high school graduate. Evidence of record shows the applicant graduated from high school in May 1980. Therefore, the applicant is entitled to correction of item 15b (High School Graduate or Equivalent) to show that he graduated from high school.    

20.  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: 

	a.  by deleting the entry “1995 08 22” in item 12a (Date Entered Active Duty This Period) on the DD Form 214 of the individual concerned; and

	b.  by adding the entry “1986 05 22” in item 12a; and

	c.  by deleting the entry “0004 09 10” in item 12c (Net Active Service This Period); and

	d.  by adding the entry “0014 00 10” in item 12c; and

	e.  by deleting the entry “0000 00 00” in item 12f (Foreign Service); and

	f.  by adding the entry “0001 10 16” in item 12f; and

	g.  by adding the entries “Army Service Ribbon”, “Mechanic Badge”, “Good Conduct Medal (3rd Award)”, “Overseas Service Ribbon (2)”, “Army Achievement Medal”, “National Defense Service Medal” and “NCO Professional Development Ribbon with Numeral 2” in item 13 (Decorations); and

	h.  by adding the entries “PLDC, 16 Weeks, February 1990”, “BNCOC, 
16 Weeks, November 1994” and “HAZMAT Course” in item 14 (Military Education); and

	i.  by deleting the “X” in the “No” block in item 15b (High School Graduate or Equivalent); and

	j.  by adding an “X” in the “Yes” block in item 15b. 

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

BOARD VOTE:  

JNS____  MHM____  RWA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2000047219	
SUFFIX		
RECON		
DATE BOARDED	20010227	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	20000721	
DISCHARGE AUTHORITY	AR 635-200 Chapter 10	
DISCHARGE REASON	In lieu of trial by court-martial	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0078	
3.	107.0056	
4.	107.0079	
5.	107.0025	
6.	107.0069