RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 January 2004                   
	DOCKET NUMBER:   AR2003088791

	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. Arthur A. Omartian		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Yolanda Maldonado		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Lapel Button, the Expert Marksmanship Qualification Badge with Grenade Bar, the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, two awards of the Army Achievement Medal, and five certificates of achievement. He also requests that item 14 (Military Education) be corrected to show completion of the Combat Lifesaver/Emergency Lifesaver Course. 

2.  The applicant states that item 13 on his DD Form 214 does not show all of the awards he received while on active duty.

3.  The applicant provides a copy of his DD Form 214; two DA Forms 638 (Recommendation for Award) and award certificates for award of the Army Achievement Medal; five certificates of achievement; and a certificate of completion for the Emergency Lifesaver Course. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant enlisted on 12 August 1997 for a period of 3 years.  He was awarded and served in military occupational specialty 92R (parachute rigger).  

2.  The applicant provided a certificate which shows he completed the Emergency Lifesaver Course at the Fayetteville Technical Community College on 9 April 1999.  

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows that he qualified "expert" with the grenade on 16 March 2000.

4.  DA Form 638, dated 26 March 2001, shows the applicant received the Army Achievement Medal for meritorious achievement for the period 16 January 2001 to 24 January 2001.

5.  DA Form 638, dated 4 April 2001, shows the applicant received the Army Achievement Medal for meritorious achievement for the period 15 March 2001 to 30 March 2001.

6.  The applicant provided five certificates of achievement relating to physical fitness activities.

7.  On 2 August 2002, the applicant was discharged under honorable conditions (a general discharge) for misconduct.

8.  The applicant's DD Form 214 shows the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the Parachutist Badge, and the Parachute Rigger Badge as authorized awards. 

9.  There is no evidence in the applicant's service personnel records which shows that he qualified "sharpshooter" with the automatic rifle.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Lapel Button is a gratuitous issue and two of the eligibility requirements include soldiers transitioning with an honorable characterization of service and a non-adverse separation provision. 

11.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  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.

12.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  This regulation provides that item 13 of the DD Form 214 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.

13.  Army Regulation 635-5 provides that item 14 will list formal in-service 
(full-time attendance) training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was discharged under honorable conditions (a general discharge) for misconduct.  Therefore, the applicant did not meet the eligibility requirements for the Army Lapel Button.    

2.  The applicant qualified "expert" with the grenade which entitles him to award of the Expert Marksmanship Qualification Badge with Grenade Bar.

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he qualified "sharpshooter" with the automatic rifle.  Therefore, there is insufficient evidence on which to base award of the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar in this case.

4.  The applicant received two awards of the Army Achievement Medal.

5.  Certificates of achievement are not recorded on the DD Form 214.

6.  Evidence of record shows the applicant completed the Emergency Lifesaver Course at a community college.  There is no evidence that this course was a formal military in-service training course.  Therefore, there is no basis for amending item 14 on the applicant's DD Form 214 to show this course.   

BOARD VOTE:

AAO____  LE_____  YM______  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Expert Marksmanship Qualification Badge with Grenade Bar and two awards of the Army Achievement Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Lapel Button and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar and correction of his DD Form 214 to show five certificates of achievement and completion of the Emergency Lifesaver Course.   

		_Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2003088791	
SUFFIX		
RECON		
DATE BOARDED	20040127	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	100.0700	
3.		
4.		
5.		
6.