PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           25 July 2002
	DOCKET NUMBER:   AR2002071678

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		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 block 11 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his period of service in his specialty as 3 years and 11 months.

3.  The applicant states, in effect, that his records are incorrect and he would like to have them corrected.  He states that the correct dates and times are shown in block 12.

4.  The applicant’s military records show that he enlisted in the Army Reserve under the delayed entry program (DEP) for the period 25 February 1995 through 15 August 1995 (5 months and 21 days).  He entered active duty on 16 August 1995.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 11B10 (Infantryman) on 22 November 1995.  The applicant served in this MOS for the remainder of his period of active duty (2 years, 8 months, and 22 days).  On 13 August 1998 he was released from active duty and transferred to the Army Reserve.

5.  The applicant's DD Form 214, at block 11 currently shows he served as an "11B10  Infantryman - 7 years - 7 months".  Block 12c shows his total net active service as 2 years, 11 months, and 28 days; block 12d shows no prior active service, block 12e shows no prior inactive service; and block 12f shows 5 years, 4 months, and 22 days of foreign service.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows that the applicant served in Panama from 8 December 1995 through 13 July 1998, 2 years, 7 months and 6 days.

7.  There are no derogatory comments or negative entries in the applicant's record.

8.  The staff of the Board notes that the applicant's microfiche record contains, at two locations, copies of a Certificate of Training for another soldier.

9.  Army Regulation 600-8-22, chapter 4, provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of enlisted active duty 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.  

CONCLUSIONS:

1.  The applicant's DD Form 214 is clearly in error at blocks 11 and 12f.  The entries at block 11 and 12f show periods of service that exceed that of the applicant's total period of service.  It is in the interest of justice to correct these errors.
2.  The Board finds that there is no evidence to show that the applicant served with anything but distinction in his conduct, efficiency and fidelity during his period of active duty.  Therefore, it is appropriate to show that the applicant was entitled to and awarded the Good Conduct Medal for the period of 16 August 1995 through 13 August 1998.

3.  It will further correct an administrative error to have those documents that belong to another soldier removed from the applicant's file.

4.  In view of the foregoing findings and conclusions, it is in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  removing those documents that do not pertain to the individual concerned from his official military record;

	b.  correcting his DD Form 214, at block 11, to read 11B10 Infantryman – 2 years, 8 months, and 22 days;

	c.  correcting his DD Form 214, at block 12f, to show 2 years, 7 months, and 6 days of foreign service; and,

d.  showing the applicant was awarded the Good Conduct Medal for the period of service from 16 August 1995 through 13 August 1998.

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

BOARD VOTE:  

_RVO___  ___RTD__  __KWL_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O'Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2002071678	
SUFFIX		
RECON		
DATE BOARDED	20020725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.	100.05	
3.		
4.		
5.		
6.