IN THE CASE OF: BOARD DATE: 18 May 2010 DOCKET NUMBER: AR20090011443 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in two applications, correction of his records by: * granting him combat support credit for Operations Nimrod Dancer and Just Cause * awarding all service medals, special skill identifiers (SSI), and unit citations * awarding all additional awards authorized or subsequently awarded after his release from active duty (REFRAD) * adding his subsequent additional service credit and schooling to his DD Form 214 * correcting his incorrect airborne class date * correcting his DA Form 2-1 (Personnel Qualification Record) by deleting the entry “67-8 while assigned to C Company, 127th Signal Battalion, Fort Ord, CA" because he did not receive an Officer Evaluation Report (OER) during that assignment * issuing him an OER upon his REFRAD * awarding him the Distinguished Fly Cross (DFC), Air Medal (AM) with Numeral 2 with “V” Device, Humanitarian Service Medal (HSM), Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal - Saudi Arabia (KLM-SA), Kuwait Liberation Medal -Kuwait (KLM-KU), and the Basic Army Aviator Badge * Personal appearance before any boards considering his request and copies of any documents that will be considered before they are considered by the Board 2. The applicant states, in effect, in two applications, that he desires correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and records to reflect: * His participation in Operations Nimrod Dancer and Just Cause * Credit for all days deployed * Credit or authorization to wear Department of Defense (DOD) and Army medals awarded during the period in question * Authorization to wear specific devices, insignia, or patches related to Operations Nimrod Dancer and Just Cause * Updating his records to reflect award of the Meritorious Service Medal (MSM) with two oak leaf clusters (OLC), Army Commendation Medal (ARCOM) with 2OLC, Army Achievement Medal (AAM) with 2OLC, Army Reserve Component Achievement Medal (ARCAM) with 2OLC, Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Overseas Service Ribbon (OSR), Armed Forces Reserve Medal, and the addition of completion of Airborne School for 3 weeks in May 1987 and completion of Combined Arms and Services Staff School (CAS3), Phase I in 1996, the addition of any other awards to which he is entitled, deletion of the Airborne Schools currently entered on his DD Form 214, deletion of the wording "67-8 with C Company, 127th Signal Battalion, Fort Ord, CA," and issuance of an OER for the period 16 October 1989 to 7 August 1990. * Award of the DFC, AM with Numeral 2 and with “V” Device, HSM, SWASM, KLM-SA, KLM-KU, and the Basic Army Aviator Badge while working as a project manager, cargo load master, and crewmember aboard a civilian transport jet in support of Operation Desert Shield/Storm. 3. The applicant provides a table of contents of documents submitted. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant requested that the Army Good Conduct Medal be added to his DD Form 214. His DD Form 214 currently shows he was awarded the Army Good Conduct Medal (1st Award). Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 3. The applicant enlisted in the Regular Army on 23 May 1985 for a period of 4 years, training as an infantryman, and a cash enlistment bonus. He completed all of his training at Fort Benning, GA and remained at Fort Benning, where he attended and completed the Officer Candidate School (OCS) in August 1986. 4. He was honorably discharged in the rank/grade of sergeant (SGT)/E-5 on 7 August 1986 to accept a commission as an officer. He was commissioned as a U.S. Army Reserve (USAR) Signal Corps second lieutenant (2LT)/O-1 on 8 August 1986 and he was awarded the Parachutist Badge in May 1987. He completed the 3-week Airborne Course on 29 May 1987. 5. In June 1987, he was assigned to Fort Ord for his first and only permanent duty assignment. He was promoted to first lieutenant (1LT)/O-2 on 8 February 1988. 6. On 7 August 1990, he was honorably REFRAD by reason of completion of required service. He had served 5 years, 2 months, and 15 days of total active service and he was transferred to the USAR Control Group (Reinforcement) to complete his statutory service obligation. He was promoted to captain (CPT)/O-3 on 7 August 1992. 7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD shows he was awarded the ARCOM with 1OLC, AAM with 2OLC, Army Service Ribbon, AGCM (1st Award), and the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars. Item 14 (Military Education) reflects that he completed the 3-week Airborne School in September 1989 and in January 1986. 8. A review of his official records fails to show the periods he deployed to Panama in support of Operation NIMROD DANCER which occurred during the period May to 20 December 1989 and Operation JUST CAUSE which occurred during the period 20 December 1989 and 31 January 1990. Information obtained from the Defense Finance and Accounting Service (DFAS) indicates that he received family separation allowance during the period 7 to 30 September 1989; however, there is no evidence to show that he ever received hazardous fire/imminent danger pay (HZ/IDP) or combat zone tax exemption (CZTE). 9. The applicant’s official records show that the last OER he received on active duty that is on file ended on 15 October 1989. That report was issued to the applicant while he was serving as a platoon leader in the rank of 1LT and is currently filed in the restricted portion of his Official Military Personnel File (OMPF) along with all of his OERs issued as a lieutenant. That OER indicates that he deployed to Panama in support of Operation NIMROD DANCER; however, it does not specify a period of deployment. 10. A review of the applicant’s DA Form 2-1, which is now an obsolete form that is no longer maintained, reflects that he was issued an OER for the period beginning 16 October 1989. However, there is no such OER present in the available records nor is there any indication of who his rating chain was at the time. 11. On 17 July 2009, the president of a logistics company in Humble, TX, forwarded a request to his congressional representative requesting a congressional recommendation be made to The Secretary of the Army to award the applicant the awards of the DFC, AM with Numeral 2 with “V” Device, HSM, SWASM, KLM-SA, KLM-KU, and the Basic Army Aviator Badge while working as a project manager, cargo load master, and crewmember aboard a civilian transport jet in support of Operation Desert Shield/Storm. It appears that at that time the applicant was an employee of the logistics company and is currently in a business partnership with the recommending official. 12. On 16 October 2009, officials at the Human Resources Command, Alexandria, VA responded to the congressional representative informing him that while the applicant was a USAR member during the period in question, he was not serving on active duty nor was he deployed in support of Operation Desert Shield/Storm and as such was not authorized the requested awards. The Chief, Military Awards Branch further stated that those awards are strictly for personnel serving in the Army and therefore the applicant’s service as a civilian with a private air carrier did not make him eligible to receive the awards. 13. A review of the DA Forms 638 submitted by the civilian transportation broker are dated 17 July 2009 and recommends the applicant for the following awards: * DFC for valor during the period of 12 - 17 October 1991 while serving as a volunteer crewmember aboard a commercial aircraft transporting the Trojan Spirit Mobile Satellite Communications System and computers needed for the offensive launch of Operation Desert Storm. * AM with “V” Device during the period 28 January 1991 - 2 February 1991 while serving as a volunteer crewmember aboard a commercial aircraft transporting oil spill recovery equipment. * AM with 1OLC during the period of 8 - 13 October 1991 while serving as a volunteer crewmember aboard a commercial aircraft transporting firefighting equipment to Kuwait to support firefighting efforts. * HSM during the period of 8 - 13 October 1991 while serving as a volunteer crewmember aboard a commercial aircraft transporting firefighting equipment to Kuwait to support firefighting efforts. * KLM-KU during the period of 28 January - 2 February 1991 while serving as a volunteer crewmember aboard a commercial aircraft transporting critical communications equipment needed for the offensive launch of Operation desert Storm. * SWASM during the period 12 - 17 October 1991 while serving as a volunteer crewmember aboard a commercial aircraft in flights directly supporting Operation Desert Shield/Storm. * SWASM with star during the period of 28 January 1991 - 2 February 1991 while serving as a volunteer crewmember aboard a commercial aircraft transporting oil spill recovery equipment. * SWASM with 2d star during the period of 8 October - 13 October 1991 while serving as a volunteer crewmember aboard a commercial aircraft transporting firefighting equipment to Kuwait to support firefighting efforts. * KLM-SA during the period of 28 January 1991 - 2 February 1991 while serving as a volunteer crewmember aboard a commercial aircraft transporting oil spill recovery equipment. 14. The application also contains a DA Form 4187 (Personnel Action) request for award of the Basic Aviation Badge (crewmember) for the period of 12 January - 13 October 1991 while serving as a crewmember (cargo loadmaster/flight payload specialist) aboard a commercial aircraft making international flights to airlift equipment needed in support of the war efforts for the U.S. Government during three flights totaling 52.35 flight hours. 15. The evidence of record shows that subsequent to the applicant’s relief from active duty, he was transferred to the USAR, was promoted to the rank of captain, was awarded the MSM with two oak leaf clusters, one additional award of the ARCOM, one additional award of the AAM, the ARCAM 2OLC, the AFRM and he completed Phase I of the CAS3. 16. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared at the time of REFRAD or discharge to reflect information that is in effect at the time. The DD Form 214 will not be subsequently altered to reflect information or events that occur outside of the period covered by the DD Form 214. Prior to the version of the regulation dated 15 September 2000, there was no regulatory requirement to record deployments on the DD Form 214. 17. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria and instructions concerning individual military awards. The goal of the total Army awards program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. It further provides, in pertinent part, that awards must be entered administratively into military channels within 2 years of the act, achievement or service to be recognized. No military decoration, except the Purple Heart, will be awarded more than 3 years after the act or period of service to be honored unless it can be proven that the formal submission of a recommendation was not made because the person recommending or the person being recommended was in a prisoner of war or missing in action status or was medically incapacitated. The Secretary of the Army may make exceptions in such cases. It further provides that only one decoration will be awarded for the same act, achievement, or period of meritorious service. 18. Department of Defense (DoD) 1348.33-M, September 1996, explains DoD policies and procedures on awarding Defense decorations and Service awards, nonmilitary decorations, and the acceptance of foreign military decorations by members of the Armed Forces of the United States. It provides, in pertinent part, that it is DoD policy that members of the Armed Forces of the United States shall, through the DoD Military Awards Program, receive tangible recognition for acts of valor, exceptional service or achievement and acts of heroism. Awards and decorations must be placed into official channels as stated by DoD guidance for that particular award. However, a Member of Congress may request consideration of a proposal for the award or presentation of a decoration not previously submitted in a timely fashion. Upon request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of decoration that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. 19. Army Regulation 600-8-22 also states it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation into military command channels for consideration within 2 years of the act, achievement, or service to be honored. The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for an award of a decoration. 20. Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for correction of military records. It provides, in pertinent part, that the ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or administrative hearing in Title 10, U.S. Code, section 1034 and Department of Defense Directive (DODD) 7050.6) or request additional evidence or opinions. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he should be granted combat support credit and awards for his participation in Operations NIMROD DANCER and JUST CAUSE has been noted; however, he has failed to show through the evidence submitted with his application and the evidence of record is insufficient to establish the period he served in those operations. Therefore, in the absence of such evidence, there appears to be no basis to grant this portion of his request. 2. The applicant’s contention that his DD Form 214 should be upgraded to include all of his schooling, education, and awards since the issuance of the DD Form 214 for the period ending 7 August 1990 has been noted and found to lack merit. The DD Form 214 is a snapshot in time and only reflects information that is current on the date of separation. Therefore, he is not entitled to have information that occurred subsequent to his REFRAD added to his DD Form 214. 3. The applicant was awarded the Parachutist Badge in May 1987 upon completion of the Airborne Course on 29 May 1987. However, the applicant’s award of the Parachutist Badge was omitted from his DD Form 214 and his completion of the 3-week Airborne Course in May 1987 is not properly reflected on that form. Accordingly, the award of the Parachutist Badge and his completion of the 3-week Airborne Course should be added to his DD Form 214. Additionally, the two airborne courses erroneously reflected on his DD Form 214 should be deleted. 4. The applicant’s request that his DA Form 2-1 be corrected by deleting the entry “67-8” while assigned to C Company, 127th Signal Battalion, Fort Ord, CA” indicating that he received an OER while assigned to the unit has been noted and found to lack merit. The DA Form 2-1 is an obsolete form that is no longer maintained in its original form and therefore cannot be altered at this point. Additionally, the fact that there is no OER present does not necessarily mean that a report was not issued and that it simply did not reach his records for filing. 5. The applicant’s contention that he should be issued an OER for the period 16 October 1989 through 7 August 1990 while serving as a first lieutenant has been noted. However, it cannot be determined with any degree of certainty that an OER was not issued because of the entry on his DA Form 2-1 indicating that a 67-8 was issued and the fact that the actual rating chain at the time, some 20 years ago, is unknown. Additionally, the OERs issued while serving as a lieutenant are now filed in the restricted portion of his OMPF and would serve no useful purpose at this time. Accordingly, there is no reasonable basis to attempt to locate, reconstruct, or issue an OER at this time. 6. The applicant’s contention that he should be awarded the awards of the DFC, the AM (1OLC) with “V” device, HSM, SWASM, KLM-SA, KLM-KU, and the Basic Army Aviator Badge while working as a project manager, cargo load master, and crewmember aboard a civilian transport jet in support of Operation Desert Shield/Storm has been noted and found to lack merit. 7. The applicant was a USAR first lieutenant at the time; however, he was not serving in any official capacity as a Soldier for the Army at the time. He was serving as a civilian contractor aboard a civilian transport jet providing cargo services to both civilian and military organizations in the theater; therefore, he is not entitled to receive military awards for his services during the period in question simply because he held status as a Reserve military officer at the time. 8. While there is no doubt that the services he provided were services that were valuable to the war effort, many civilians provided such service during the Gulf War, to include the entire crew of the aircrafts on which the applicant served, who did not receive military awards as recognition for their service. The fact that the applicant held a Reserve commission should not be the determining factor that qualifies him for such awards, especially since the risk to the applicant was no greater than it was to other crewmembers. 9. Notwithstanding that the applicant was not serving in any Army capacity at the time, the mission for which he was recommended for all of the awards was essentially an Air Force strategic airlift responsibility and not an Army responsibility since the Army does not have strategic airlift capability. The fact that the applicant was serving as a civilian contractor while holding the status of a Reserve commissioned officer is not sufficient to grant him the awards he seeks and does not meet the intent of the applicable laws and regulations. 10. While it is understood that the Secretary of the Army has the authority to make exceptions to such awards, there does not appear to be sufficient basis to grant an exception in this case, especially given that the recommendation were submitted nearly 20 years after the fact. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X___ ___X____ ___X____ 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: a. deleting from item 14 of his DD Form 214 for the period ending 7 August 1990 the entries "Airborne School, 3 wks, Sep 89" and "Airborne School, 3 wks, Jan 86"; b. adding to item 13 of his DD Form 214 for the period ending 7 August 1990 the Parachutist Badge; and c. adding to item 14 of his DD Form 214 for the period ending 7 August 1990 the entry "Airborne Course, 3 weeks, May 1987. 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: * Combat credit and awards for participation in Operations NIMROD DANCER and JUST CAUSE * Adding additional awards, schooling, and service to his DD Form 214 that occurred subsequent to his REFRAD * Deleting the entry “67-8 while assigned to C Company, 127th Signal Battalion, Fort Ord, CA” from his DA Form 2-1 * Issuing him an OER for the period 16 October 1989 through 7 August 1990 and * Awarding him the DFC, AM (1OLC) with “V” device, HSM, SWASM, KLM-SA, KLM-KU, and the Basic Army Aviator Badge. __________X________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20090011443 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090011443 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1