PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            13 July 2000      
	DOCKET NUMBER:   AR1999029882

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 16 (Days Accrued Leave Paid) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 23 April 1999 be corrected to show “90”; that item 
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show awards for his service in support of Operation Joint Endeavor, the Army Commendation Medal (First Oak Leaf Cluster) and other unspecified military awards; that his DD Form 214 reflect his service-connected disability injury; that item 5 (Date of Birth) be corrected to show “19450627”; that item 10 (SGLI Coverage) be corrected to show “$200,000.00; that item 14 (Military Education) be corrected to show his military education; and that item 19b (Nearest Relative) be corrected to show “B. Parker [applicant’s last name]” and that “763” be corrected to show “703”. 

3.  The Board noted that item 10 (SGLI Coverage) on the applicant’s DD Form 214 with an effective date of 23 April 1999 shows “Amount: $200,000.00”.  Therefore, this portion of the applicant’s request will not be discussed further in the proceedings. 

4.  The applicant states, in effect, that his military records are incorrect and the accurate information will entitle him to benefits.  In support of his application, he submits a letter of explanation dated 5 August 1999 with 15 enclosures listed on the following page. 

5.  The applicant’s military records show that he enlisted in the USAR Control Group Reserve Officers’ Training Corps (ROTC) Program on 13 September 1971 for a period of 6 years.  He was released from the ROTC Program in the USAR on 7 June 1973 to accept a commission in the U.S. Armed Forces.  On 8 June 1973 the applicant was appointed a Reserve officer in the USAR.  The applicant entered active duty for training on 9 September 1973 and was released from active duty on 7 December 1973 and returned to USAR to complete his remaining service obligation.  The applicant was ordered to active duty on
30 January 1996 in support of Operation Joint Endeavor.  On 24 September 1996, the applicant voluntarily requested to remain on active duty to resolve medical problems.  He was retired from active duty in the rank of lieutenant colonel with an honorable discharge on 23 April 1999 and placed on the Temporary Disability Retired List (TDRL) because of physical disability (40%). 

6.  Item 16 (Days Accrued Leave Paid) on the applicant’s DD Form 214 with an effective date of 23 April 1999 shows “NONE”.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows “NONE//NOTHING FOLLOWS”.  The DD Form 214 does not show a service-connected disability injury.  Item 5 (Date of Birth) on the DD Form 214 shows “19450624”.  Item 14 (Military Education) on the DD Form 214 shows “NONE//NOTHING FOLLOWS”.  The first line in item 19b (Nearest Relative) shows “NOTE WIFE NOT LISTED” and the second line shows the number “763”.  Item 18 (Remarks) on the DD Form 214 shows the entry “DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION”.  There is no evidence in the available records which shows that a DD Form 215 was ever issued. 
 
7.  There is no evidence in the available records which shows the applicant had accrued 90 days of leave at the time of his retirement.

8.  Item 18 (Remarks) on the applicant’s DD Form 214 shows he was ordered to active duty in support of Operation Joint Endeavor.  The applicant also provided documentation which shows he was deployed in support of Operation Joint Endeavor.    

9.  The applicant’s records contain a DA Form 638 (Recommendation for Award), dated 22 July 1996, which shows the Army Commendation Medal (First Oak Leaf Cluster) was approved and orders were issued on 4 September 1996.  Item 
8 (Previous Awards) of the DA Form 638 shows the Meritorious Service Medal.  

10.  The applicant’s DD Form 214 indicates that he was placed on the TDRL effective 23 April 1999.  There are no other entries pertaining to medical data shown on the DD Form 214. 

11.  The applicant’s DA Form 61 (Application for Appointment), dated
20 February 1973, shows his date of birth is 27 June 1945. 

12.  The available records fail to show the applicant completed any military education. 

13.  Item 14 (Name, Relationship and Address of Next of Kin) on the applicant’s Standard Form 88 (Report of Medical Examination), dated 7 February 1981, shows “B. Parker [applicant’s last name]” and the home address number as “703”.  Records also show that “B. Parker [applicant’s last name]” is the applicant’s wife. 

14.  Title 37, United States Code, chapter 9, section 501(b)(1), provides that  a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration, who has accrued leave to his or her credit at the time of discharge is entitled to be paid in cash or by a check on the Treasurer of the United States for such leave on the basis of the basic pay to which he or she is entitled on the date of discharge.  Payment may not be made under this subsection to a member who is discharged for the purpose of accepting an appointment or a warrant, or entering into an enlistment, in any uniformed service.  Payment may not be made to a member for any leave he or she elects to have carried over to a new enlistment in any uniformed service on the day after the date of his discharge; but payment may be made to a member for any leave he elects not to carry over to a new enlistment.  However, the number of days of leave for which payment is made may not exceed sixty, less the number of days for which payment was previously made under this section after February 9, 1976.  

15.  Army Personnel Command Message with a Date/Time Group of 121605Z March 1999 authorized award of the Armed Forces Expeditionary Medal (AFEM) for service in support of Operation Joint Endeavor from 1 June 1992 to 
19 December 1996 and Joint Guard from 20 December 1996 to 20 June 1998 in the Republic of Bosnia-Herzegovina.  The message also states that the Secretary of Defense approved award of the AFEM, in addition to the Armed Forces Service Medal to certain participants of Operations Joint Endeavor and Joint Guard as a one-time exception to Department of Defense and service policies.  The one-time exception is to permit the award of the two medals for the same operation and period of service.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for
30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.

17.  Department of Defense Manual of Military Decorations & Awards provides, in pertinent part, for award of the Armed Forces Service Medal to members of the Armed Forces of the United States who, after 1 June 1992, participate or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.

18.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that item 18 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks; however, there is no provision for placing medical data in item 18. 

19.  Army Regulation 635-5 also states, in pertinent part, 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.  Although the applicant contends that he had accrued 90 days of leave at the time of his retirement, there is no evidence available to the Board, and the applicant has provided no evidence, to support this contention.  However, by law, payments for unused accrued leave may not exceed 60 days.  Therefore, the applicant is not entitled to correction of item 16 (Days Accrued Leave Paid) on his DD Form 214 with an effective date of 23 April 1999.

2.  Evidence of record shows the applicant was ordered to active duty in support of Operation Joint Endeavor.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the AFEM and the Armed Forces Service Medal.

3.  The applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) and the Meritorious Service Medal; therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  The Board noted the applicant’s contention that his DD Form 214 should reflect his service-connected disability injury.  However, the Board notes that there are no provisions for entering medical data on the DD Form 214 and that medical data is recorded in service medical records.  Therefore, the applicant is not entitled to the addition of medical information on his DD Form 214 as requested.

5.  Evidence of record shows the applicant’s date of birth is 27 June 1945.  However, through an administrative error, the applicant’s date of birth was incorrectly recorded in item 5 (Date of Birth) on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214, dated 23 April 1999, at this time.     

6.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he completed any military education.  Therefore, there is no basis to correct item 14 (Military Education) on his DD Form 214.  

7.  Evidence of record shows the applicant’s next of kin is his wife “B. Parker [applicant’s last name]” and her home address is “703”.  Therefore, the applicant is entitled to correction of item 19b (Nearest Relative) on his DD Form 214 to show these entries.    

8.  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 showing that the individual concerned was awarded the Armed Forces Expeditionary Medal, the Armed Forces Service Medal, the Army Commendation Medal (First Oak Leaf Cluster) and the Meritorious Service Medal in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 23 April 1999; 

	b.  by deleting the entry “19450624” in item 5 (Date of Birth) on the DD Form 214; and 

	c.  by adding the entry “19450627” in item 5 (Date of Birth) on the DD Form 214;

	d.  by deleting the entries “NOTE WIFE NOT LISTED” and “763” in item 19b (Nearest Relative) on the DD Form 214;  

	e.  by adding the entry “B. PARKER [APPLICANT’S LAST NAME]” and “703” in item 19b on the DD Form 214; 

	f.  by deleting the entry “763” in item 19a (Mailing Address After Separation) on the DD Form 214; and 

	g.  by adding the entry “703” in item 19a (Mailing Address After Separation) on the DD Form 214.

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

BOARD VOTE:  

JLP____  MHM____  JEA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Jennifer L. Prater____
		        CHAIRPERSON

INDEX

CASE ID	AR1999029882	
SUFFIX		
RECON		
DATE BOARDED	20000713	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19990423	
DISCHARGE AUTHORITY	AR 635-40 Para 4-24b(2)  	
DISCHARGE REASON	Temporary Disability List	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0072	
2.	107.0020	
3.	107.0017	
4.	100.0200	
5.	100.0000	
6.