BOARD DATE: 6 July 2010 DOCKET NUMBER: AR20100000112 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 correction of her records as follows: a. award of military occupational specialty (MOS) 94B1O (Cook); b. award and issue of the following medals: * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Southwest Asia Service Medal * Kuwait Liberation Medal * Cold War Certificate c. correction of section VII (Current and Previous Assignments) of her DA Form 2-1 (Personnel Qualification Record (PQR)) to show all her assignments. 2. The applicant states she served on active duty from "29 November 1988 to 27 June 1988." Her Reserve Component (RC) and active duty service were from 4 February 1992 to 26 March 1993 with the 155th Supply and Service Battalion, El Monte, CA, and the 3398th Reception Battalion, Kinston, NC. Her last tour of duty was with the 849th Quartermaster Battalion in Rocky Mount, NC, from 27 December 1996 to 3 September 1997, during which she was subject to active duty call. She adds that she should be eligible for the requested awards. She further states that as her DA Form 2-1 shows, she held MOS 94B1O. 3. The applicant provides copies of the following documents: * pages 1 and 3 of her 4-page DA Form 2-1 * Orders 44-1, dated 9 April 1991 * a welcome memorandum, dated 13 January 1992 * Orders C-02-204327, dated 4 February 1992 * various leave and earnings statements * Orders 138-068 * Orders 121-106, dated 26 March 1993 * a welcome letter, dated 27 December 1996 * Orders A-246-44, dated 3 September 1997 * a certificate of achievement, dated 14 February 1989 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's records show she enlisted in the Regular Army on 29 November 1988. She subsequently completed basic combat training at Fort Dix, NJ, during which she received a certificate of achievement for outstanding performance. 3. She then proceeded to Fort Sam Houston, TX, on or around 19 February 1989 for completion of advanced individual training (AIT) in MOS 91A (Medical Specialist). However, she was dropped from AIT for academic reasons. She was transferred to Fort Jackson, SC, for completion of MOS 75E (Personnel Actions Specialist), but she again failed to complete AIT. 4. She was honorably released from active duty on 27 June 1989 due to pregnancy and she was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of her Reserve obligation. 5. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued shows she completed 6 months and 29 days of creditable active service. Item 11 (Primary Specialty) of this form shows the entry "None" and item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar. 6. Subsequent to her release from active duty, she was assigned as a cook in MOS 94B to the 773rd Transportation Battalion, an RC unit in Greenville, NC. However, she was released from this unit on 22 April 1991 as a "no-show" and she was transferred to the USAR Control Group (Individual Ready Reserve (IRR)). 7. On 3 February 1992, she was further assigned to the 155th Supply and Service Battalion, El Monte, CA. She was ordered to annual training (AT) from 10 June 1992 to 26 June 1992 at Camp Pendleton, CA. 8. On 31 August 1992, she was further assigned to the 3398th U.S. Army Recruiting Battalion, Kinston, NC. 9. On 26 March 1993, she was discharged from the USAR with an uncharacterized discharge. 10. On 4 December 1996, she enlisted in the USAR for a period of 8 years; however, on 30 June 1997, she was again discharged from the USAR with an uncharacterized discharge. 11. There is no indication in her records that she: * served in Kuwait/Saudi Arabia or any designated area during the Persian Gulf War; her name is not shown on the Gulf War Roster * completed formal training or was awarded MOS 94B (although it is listed on her DA Form 2-1 without an effective date) * was awarded the Army Achievement Medal or Army Good Conduct Medal * performed any active duty from 27 June 1989 (date she was released from active duty) to 30 June 1997 (date she was last discharged from the USAR) 12. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The Army Achievement Medal may be awarded to any member of the Armed Forces of the United States who while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his/her decision. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. c. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Award of the National Defense Service Medal is authorized to all members of the Army National Guard and USAR who were part of the Selected Reserve in good standing during the period 2 August 1990 to 30 November 1995. d. Executive Order 12776 extended award of the National Defense Service Medal to all members of the Army National Guard and the U.S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995. Members of other than the Selected Reserve who were called to active duty will also be eligible. During these periods, service members in the following categories will not be considered eligible for the National Defense Service Medal: (1) any service member on active duty for the sole purpose of undergoing a physical examination or (2) any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only or to serve on boards, courts, commissions, and like organizations. e. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/ Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. f. The Kuwait Liberation Medal (Saudi Arabia) awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991. The Kuwait Liberation Medal (Kuwait) awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. 13. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. Item 11 shows the MOS codes, titles, years, and months for enlisted Soldiers. 14. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (Public Law 105-85), Congress authorized the Secretary of Defense to award a Cold War Victory Medal to all veterans of the Cold War. To date, the Secretary of Defense has not awarded a Cold War Victory Medal, but has instead opted to issue a Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era from 2 September 1945 to 26 December 1991. Eligible personnel must apply for the certificate on their own behalf. The Cold War Recognition System home-page – http://coldwar.army.mil –provides information and instructions for individual requests. Eligible personnel may also send their requests by regular mail to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN:  HRC-CWRS, Room 3N45, 200 Stovall Street, Alexandria, VA  22332-0473, with supporting evidence. 15. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System. The DA Form 2-1 and DA Form 2A (PQR - Part I, Enlisted Peacetime) constitute the Enlisted PQR. The DA Form 2-1 is a continuous-feed type form that will permit limited automation. The DA Form 2-1 is created, maintained, and updated while the Soldier is on active duty or in an RC unit. Upon separation or discharge, the DA Form 2-1 is no longer maintained or updated. DISCUSSION AND CONCLUSIONS: 1. The applicant contends her records should be corrected to show her 94B1O MOS as well as several awards and her DA Form 2-1 to show her correct record of assignments. 2. With respect to her MOS, the evidence of record shows she served on active duty from 29 November 1988 to 27 June 1989. During her active duty service, she failed to complete AIT for MOS 91A and/or 75E. Accordingly, her DD Form 214 does not show any specialties. She later served in duty MOS 94B within USAR units. However, her record is void of official orders that awarded her MOS 94B or the certificate of training that shows she completed this MOS training. Even if she successfully completed equivalent training in MOS 94B (for example, on the-job-training), she would have done so during her USAR service. Therefore, there is no provision to enter this MOS on a previously-issued DD Form 214. 3. With respect to the Army Achievement Medal, her record is void of any official orders awarding her the Army Achievement Medal and she did not submit any evidence that shows she was issued this award. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. In the absence of official orders, there is insufficient evidence to award her the Army Achievement Medal. 4. With respect to the Southwest Asia Service Medal and Kuwait Liberation Medal (Kuwait or Saudi Arabia), there is no evidence that shows she served in Kuwait, Saudi Arabia, or in any other designated area in support of Operations Desert Shield/Desert Storm. Additionally, her name is not listed on the Gulf War Roster as having served in Southwest Asia. Therefore, she does not qualify for any of these awards. 5. With respect to the Army Good Conduct Medal, she completed 6 months and 29 days of active service. The Army Good Conduct Medal requires completion of 3 years of active service, except in those cases when the period for the first award ends with the termination of a period of military service which requires 1 year of active service. Therefore, she does not qualify for this award. 6. With respect to award of the National Defense Service Medal: a. The evidence of record shows she was a member of the Selected Reserve; however, she was released from her unit of assignment on 22 April 1991 as a "no-show" and she was transferred to the IRR. She was then assigned to another unit on 3 February 1992 and she was ordered to annual training from 10 June 1992 to 26 June 1992. b. Although she was a member of a Selected Reserve, she was not in "good standing" as evidenced by her previous no show and release from the IRR on 22 April 1991 and subsequent uncharacterized discharge on 3 September 1997. Therefore, she is ineligible for award of the National Defense Service Medal. 7. With respect to the Cold War Recognition Certificate, the issuance of the Cold War Recognition Certificate is not within this Board's authority. Additionally, the award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, may not be shown on a discharge document. The applicant is advised to contact the address/web site listed in paragraph 14 above to request her certificate. 8. With respect to her DA Form 2-1, this form is a record of a Soldier's personnel management qualifications in the form of data. The DA Form 2-1 is not maintained or updated subsequent to a Soldier's separation from active duty. However, if the applicant reenters the Active Army or an RC unit, a new automated Enlisted Record Brief will be generated and may capture some of her previous personnel data. 9. With respect to the issuance of medals or badges, the ABCMR corrects records; the Board does not issue medals or badges. Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served. For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO  63132-5100. Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command, Clothing and Heraldry (PSID), Post Office Box 57997, Philadelphia, PA  19111. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ____x____ __x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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) AR20100000112 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100000112 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1