PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 July 1999                   
	DOCKET NUMBER:   AR1999015608

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. Raymond J. Wagner		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 her DD Form 214 be corrected to include her prior inactive service in the Delayed Entry Program (DEP) and that she be awarded the Army Good Conduct Medal.

3.  The applicant states that block 12e of the DD Form 214 should indicate her 13 days in the DEP.  This would then entitle her to award of the Army Good Conduct Medal, as she is currently only short of the 3-year requirement by 2 days.

4.  The applicant’s military records show that she enlisted in the DEP on 14 April 1988 and enlisted in the Regular Army on 26 April 1988.  

5.  The applicant came down on assignment to Germany and twice extended her enlistment to meet the service remaining requirements for a with-dependents tour.

6.  On 27 February 1991, a flagging action (suspension of favorable personnel actions) was initiated by her commander because of her inability to deploy due to parenthood.  In his separation recommendation, he noted she had been a model soldier with no Article 15s in her 3 (sic) years and 10 months of service.  She was divorced and had to try and care for 3 young children without any support from her ex-husband.  Her Family Care Plan failed because her mother could no longer act as guardian.  He recommended her service be characterized as honorable. 

5.  On 29 March 1991, the applicant was approved for involuntary separation under the provisions of Army Regulation 635-200, paragraph 5-8, Parenthood.

6.  On 16 April 1991, the flagging action was removed because the Chapter action was complete.

7.  On 23 April 1991, the applicant was released from active duty in pay grade   E-4.  Her DD Form 214 erroneously shows she was separated under the provisions of Chapter 4, Army Regulation 635-200 upon the expiration of her term of service.  Her separation code is erroneously shown as LBK, involuntary release from active duty or transfer – completion of required active service.  She had completed 2 years, 11 months and 28 days of creditable active service and had no lost time.

8.  The Department of Defense Financial Management Regulation, Volume 7A, paragraph 010104M states that service as an enlisted member in the Reserves before beginning active duty in a Regular component, provided the member enlisted in the Reserve component before 1 January 1985, is creditable towards basic pay.  This is frequently referred to as the delayed enlistment program. 

Army Regulation 600-8-22 prescribes Army policy, criteria and administrative instructions concerning individual military awards.  Chapter 4 provides that the Army Good Conduct Medal, for first award only, may be awarded upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The immediate unit commander’s decision to award the Army Good Conduct Medal will be based on his personal knowledge and of the individual’s official records for periods of service under previous commanders during the period for which the award is to be made.

Army Regulation 600-8-2 prescribes policies governing the suspension of favorable personnel actions.  Chapter 1 provides that a flag will be submitted when elimination action is field-initiated.  A flag prohibits the award of awards and decorations.  A flag will be removed immediately when a soldier’s status changes from unfavorable to favorable.

CONCLUSIONS:

1.  The Board concludes that an injustice occurred in this case.

2.  The applicant enlisted in the DEP after 1 January 1985.  Therefore, that period of service is not creditable for pay purposes and is not to be listed on her DD Form 214, block 12e.  It is properly shown in block 18.

3.  Blocks 25, 26 and 28 of the applicant’s DD Form 214 are incorrect.  She was separated under the provisions of Chapter 5-8, Army Regulation 635-200, separation code LDG, involuntary release from active duty or transfer – parenthood.

4.  It also appears the applicant was eligible for the first award of the Army Good Conduct Medal.  She completed more than 1 year of service.  Her commander had noted that she had been a model soldier with no Article 15s in her years of service.  Although she had been flagged for the short period of time her separation action was being processed, the flag was removed on 16 April 1991, a week prior to her separation date.  

5.  In view of the foregoing, it would be 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 showing the applicant was awarded the Army Good Conduct Medal for the period 26 April 1988 – 23 April 1991.

2.  That the applicant’s DD Form 214 be corrected by adding the Army Good Conduct Medal to block 13 and by correcting block 25 to read Chapter 5-8, AR 635-200; block 26 to read LDG; and block 28 to read Parenthood.

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

BOARD VOTE:  

__cmf___  __tnk___  __rjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Calvin M. Fowler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999015608	
SUFFIX		
RECON		
DATE BOARDED	19990722	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	107.0056	
3.		
4.		
5.		
6.