PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           2 April 2002                   
	DOCKET NUMBER:   AR2001064147

	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. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Regan K. Smith		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 (Certificate of Release or Discharge from Active Duty) dated 10 June 1986 be corrected to include her active duty period of service between 1980 and 1983, and to reflect the award of the Army Commendation Medal (ARCOM) and three Army Achievement Medals (AAM).  

3.  The applicant states she has tried on several occasions to have these and other errors corrected with minimal results.  She asks that the corrections be made to allow for the proper recording of her service towards retirement.

4.  The Board has been unable to locate the applicant’s military records.  The information below is from certified copies of original documentation provided by the applicant.

5.  A DA Form 4/3 (Enlistment / Reenlistment Document) shows that the applicant enlisted in the Army Reserve with assignment to a Troupe Program Unit (TPU) on 12 February 1980.

6.  Her DD Form 214 for this first period of service shows that she entered active duty for training as a TPU member on 4 March 1980 and served until 4 August 1980, for a total of 5 months and 1 day active service with 22 days of prior inactive service.

7.  A DA Form 4/1 (Enlistment / Reenlistment Document), shows that the applicant enlisted in the Regular Army on 22 September 1980 with a Delayed Entry Program (DEP) period of 22 September 1980 through 14 October 1980 (22 days). 

8.  A DA Form 4/1, dated 22 July 1983, shows that the applicant reenlisted early having served 2 years 9 months and 7 days on active duty for this enlistment.  The form shows she had total active service of 3 years, 2 months, and 9 days and 3 months of inactive service.  The correct amount of inactive time should be listed as 3 months and 2 days for her two periods of inactive TPU service and the DEP.  As this was an immediate reenlistment, no DD Form 214 was issued.

9.  The 10 June 1986 DD Form 214 shows that she served on active duty for the period from 22 July 1983 through 10 June 1986.  It lists her net service for this period as 2 years, 10 months, and 19 days; her prior active service as 5 months and 1 day of active service and 3 years and 9 days of inactive service.  It shows no awards or decorations and notes that she was separated on temporary records.

10.  A 4 April 1989 DD Form 215 (Correction to DD Form 214) added the entries to the 1986 DD Form 214 at item 11 (military occupational specialty) 76V20, item 12h (date of rank) 84 12 05, and item 13 (awards), the Good Conduct Medal and the Army Achievement Medal to her 1986 DD Form 214.

11.  An NGB (National Guard Bureau) Form 22 (Report Of Separation And Record of Service), dated 27 August 1989, shows that the applicant served in the Kansas Army National Guard (KSARNG) from 28 August 1987 through 27 August 1989.  She is shown to have had 3 years, 3 months, and 20 days of prior Reserve Component service and 4 years, 3 months, and 15 days of prior active Federal service.  This document shows her awards as the ARCOM, an AAM and the Non Commissioned Officers Professional Development Ribbon.

12.  There is no documentation of the applicant’s official status for the period from 11 June 1986 through 27 August 1987 (1 year, 2 months, 17 days); however, it appears that the KSARNG had some type of information that showed that the applicant was in an inactive reserve status during this period.

13.  The applicant reports that she served in the US Air Force Reserve from 8 June 1990 through 10 October 1999 and is currently in the Inactive Ready Group.

14.  The applicant submits three sets of orders awarding her three different AAMs, on 10 December 1981, 29 August 1983 and 11 June 1986, respectively.  The third set of orders lists the award as the AAM with the first oak leaf cluster.

15.  A copy of an ARCOM Certificate, dated 4 December 1982, shows that the applicant was awarded the ARCOM for her meritorious service during the period from 27 January 1982 to 26 January 1983.  Attempts to locate where the award orders for this command are archived have met with no results.  However, a review of the 2nd Infantry Division’s unit history does show that the Commanding General during the time in question was the same as the one who signed the applicant’s ARCOM certificate. 

CONCLUSIONS:

1.  The Board concludes that the applicant’s 1986 DD Form 214 and NGB Form 22 do not properly reflect her periods of service or her awards and decorations.

2.  The applicant’s records should be corrected to show that, as of her release from active duty on 10 June 1986, she had net active duty service for this period of 2 years, 10 months, and 19 days with 3 years, 2 months, and 9 days of prior active service and 3 months and 2 days of inactive service.

3.  As there is no available documentation to show the applicant’s official status for the period between her release from active duty, in 1986, and her entrance into the KSARNG, and the KSARNG appears to have awarded her credit for service as “prior reserve component” time, the Board must apply the presumption of regularity.  In the absence of evidence to the contrary, it is the Board’s policy to not take an action that would prove detrimental to the applicant.  The Board concludes, therefore, that the applicant’s records should continue to show this questionable period as inactive reserve time.

4.  Further, her records should be corrected to show that, as of her release from service with the KSARNG, that she had 2 years net service for this period with 6 years and 27 days of prior active federal service and 1 year, 5 months, and 17 days prior Reserve service for a total service for pay of 9 years, 6 months, and 16 days.

5.  The Board finds that the orders awarding the applicant her 1983 and 1986 AAM are in error.  The 1983 AAM did not reflect the award of the 1981 AAM, which in turn resulted in the 1986 AAM reflecting only one, not two, prior awards. 

6.  While the actual orders for the applicant’s ARCOM have not been located, the Board concludes that the evidence does show that the applicant was awarded an ARCOM for her period of service from 27 January 1982 to 26 January 1983. 

7.  Therefore, the applicant’s 1986 DD Form 214 should be corrected to show that the applicant was awarded the ARCOM, the AAM with 2 bronze oak leaf clusters, the Good Conduct Medal and that these awards should be carried forward to also be reflected on the NGB Form 22 in addition to the award already noted.

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

RECOMMENDATION:

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

a.  amending the orders for the individual concerned to show that her second and third AAMs were with one and two oak leaf clusters, respectfully;

b.  by correcting her 1986 DD Form 214 to show she had net active service for this period of 2 years, 10 months, and 19 days; 3 years, 2 months, and 8 days of prior active service; and 3 months and 2 days of inactive service;

c.  by correcting her 1986 DD Form 214 to show her awards and decoration as the ARCOM, the AAM with 2 bronze oak leaf clusters, and the Good Conduct Medal; and,

d.  by correcting her NGB Form 22 to reflect the above changes in her service periods and that her net total service for pay was 9 years, 6 months, and 16 days.

BOARD VOTE:  

__WTM___  __CLG_  ___RKS_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    _Walter T. Morrison__
		        CHAIRPERSON

INDEX

CASE ID	AR2001064147	
SUFFIX		
RECON		
DATE BOARDED	20020402	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.025	
3.	110.00	
4.	101.00	
5.		
6.