AF



RECORD OF PROCEEDINGS

IN THE CASE OF:

BOARD DATE: 14 December 2005

DOCKET NUMBER: AR20050003415

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. Michael J. Fowler | |Analyst |

The following members, a quorum, were present:

| |Mr. John Slone | |Chairperson |

| |Mr. Leonard G. Hassell | |Member |

| |Mr. Michael J. Flynn | |Member |

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 his records to show award of the Legion of Merit, the Order of the Marechaussee in Bronze award certificate, and to change the U.S. Army Reserve (USAR) website data base Twice the Citizen Soldier, item 20, to read "voluntarily withdrew."

2. The applicant states, in effect, that he tried two years ago to have the U.S. Army War College (USAWC) correct his records but the correction was not done.

3. The applicant provides a memorandum from the U.S. Army War College and Carlisle Barracks, dated 17 October 2000; a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 January 2004; a DD Form 214 for the period ending 7 June 1991; a two page DD Form 215 (Correction to DD Form 214, Report of Separation from Active Duty) dated 25 March 1992; a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 January 1969; an Order of the Marechaussee in Bronze award certificate, dated 31 October 2003; Headquarters, U.S. Army Investigation Command Permanent Order 304-1, dated 30 October 2003; and U.S. Army Garrison, Fort Belvoir Orders 316-0001, dated 12 November 2003.

CONSIDERATION OF EVIDENCE:

1. The applicant had prior enlisted service in the Army. He was appointed on

3 April 1980 as an officer in the U.S. Army Reserve (USAR) and served in various positions as an Infantry officer. He was last ordered to active duty on

7 January 2002 and released from active duty on 6 January 2004.

2. The applicant's DD Form 214 for the period ending 6 January 2004 shows he was awarded the Bronze Star Medal (2nd Award), the Meritorious Service Medal (2nd Award), the National Defense Service Medal (3rd Award), the Army Commendation Medal (5th Award), the Army Achievement Medal (2nd Award), the Army Reserve Components Achievement Medal (5th Award), the Vietnam Service Medal, the Southwest Asia Service Medal with 1 bronze service star, the Southwest Asia Service Medal (sic), the Armed Forces Reserve Medal, (2nd Award), the Army Service Ribbon, the Army Reserve Components Overseas Training Ribbon (6th Award), the Republic of Vietnam Campaign Medal with Device (1960), the Kuwait Liberation Medal (Saudi Arabia), the Kuwait Liberation Medal (Kuwait), the Combat Infantryman Badge, the Parachutist Badge, and the Army Staff Identification Badge

3. Headquarters, U.S. Army Investigation Command Permanent Order 304-1, dated 30 October 2003, shows that the applicant was awarded the Legion of Merit for 27 years of meritorious service.

4. A DA Form 1059-2 (Senior Service College Academic Evaluation Report), dated 2 October 2000, shows that the applicant requested voluntary disenrollment from the USAWC Distance Education Program class of 2001.

5. The applicant provided a certificate that awarded him the Order of the Marechaussee in Bronze from the Military Police Regimental Association.

6. On 9 December 2005, the 99th Regional Soldier Service Center infantry career manager informed the Board analyst that the applicant's data in Twice the Citizen Soldier shows "other than voluntary" instead of "voluntarily withdrew". A copy of the applicant's DA Form 1059-2 was faxed to the career officer to make a correction in the data base to show the applicant's USAWC status as voluntary disenrollment.

7. Army Regulation 635-5 (Separation Documents) 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 (which would include the Order of the Marechaussee in Bronze award certificate) are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1. Evidence of record shows that the applicant was awarded the Legion of Merit. His DD Form 214 should be amended to add this award.

2. Evidence of record confirms the applicant voluntarily disenrolled from the USAWC Distance Education Program class of 2001. Therefore, item 20 of Army Reserve Twice the Citizen Soldier data base must be corrected to show the applicant voluntarily disenrolled from the USAWC Distance Education Program of class 2001. This correction will be administratively made by the 99th Regional Soldier Service Center.

BOARD VOTE:

________ ________ ________ GRANT FULL RELIEF

__JS ___ __ LGH _ __ MJF _ GRANT PARTIAL 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 amending his DD Form 214 with the period ending 6 January 2004 to add the Legion of Merit.

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 that portion that pertains to adding the Order of the Marechaussee in Bronze award certificate to the applicant's DD Form 214 with the ending period

6 January 2004.

_____John Slone_______

CHAIRPERSON

INDEX

|CASE ID |AR20050003415 |

|SUFFIX | |

|RECON | |

|DATE BOARDED |14 December 2005 |

|TYPE OF DISCHARGE | |

|DATE OF DISCHARGE | |

|DISCHARGE AUTHORITY | |

|DISCHARGE REASON | |

|BOARD DECISION |PARTIAL GRANT |

|REVIEW AUTHORITY |Mr. Schneider |

|ISSUES 1. |107.0009.0000 |

|2. |111.0100.0012 |

|3. | |

|4. | |

|5. | |

|6. | |

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