PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 January 2002
         DOCKET NUMBER: AR2001055681


         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
Mrs. Joyce A. Hall		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Roger W. Able		Member
Mr. Terry L. Placek		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.

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2. The applicant requests in effect, that his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show that he served in Bosnia,
to show the awards of the Armed Forces Expeditionary Medal (AFEM), the North Atlantic Treaty Organization (NATO) Medal, the Army Good Conduct Medal (AGCM), two awards of the Army Achievement Medal (AAM) and show that he completed the Combat Lifesaver Course. The applicant submits in support of his application a copy of his NATO certificate, Permanent Orders 187-023 dated
5 July 2000, for the AGCM, two copies of the AAMs Recommendation/Approval (DA-Form 638-1) and a copy of his Combat Lifesaver Course certificate.

3. The applicant states, in effect, that his awards, his military education and his service in Bosnia were inadvertently left off his DD Form 214.

4. The applicant’s military records show that he enlisted in the Regular Army on 27 March 1997, for 4 years. He completed the required training and was awarded military occupational specialty 62E10 (Heavy Construction Equipment
Operator). The highest pay grade he achieved was pay grade E-4.

5. The applicant provided a certificate from the U. S. Army 17^th Combat Support Battalion, 3^rd Corps Artillery, Fort Sill, Oklahoma, showing that he attended and completed the Combat Lifesaver Course on 1 October 1998. This training is not entered on the applicant’s DD Form 214.

6. The applicant provided a copy of Permanent Orders 187-023, dated 5 July
2000, from Headquarters, United States Army Field Artillery Center, Fort Sill, Oklahoma, awarding him the AGCM for the period 27 March 1997 to 26 March 2000. This award is not shown on the applicant’s DD Form 214.

7. The applicant provided DA Form 638-1, dated 13 July 2000, from the Commander, 43^rd CEC, 3^rd ACR. Camp Eagle, Bosnia, which shows that he, was awarded the AAM for meritorious achievement based on Permanent Order No.196-04. This award is not shown on the applicant’s DD Form 214.

8. The applicant provided DA Form 638-1, dated 21 September
2000, from the Commander, 43^rd, CEC, 3^rd ACR, Camp Eagle, Bosnia which shows that he was awarded the AAM w/1 oak leaf cluster for meritorious achievement based on Permanent Order No. 270-05. This award is also not shown on the applicant’s DD Form 214.

9. The applicant provided an award certificate for the NATO Medal for service
rendered in Bosnia from 15 February to 25 September 2000. This award is not shown on the applicant’s DD Form 214 nor does item 18 (Remarks) show his service dates in Bosnia.
10. There are no orders in the applicant’s available personnel records, which show that he was awarded the AFEM. The AFEM is not listed on the applicant’s DD Form 214 as an authorized award.

11. On 26 March 2001, the applicant was honorably discharged from active duty and was transferred to the U.S. Army Reserve. His DD Form 214, shows that he was awarded the Army Service Ribbon, the Marksman Badge w/Rifle Bar.

12. Conversation with Defense Finance & Accounting Service, Indianapolis, IN on 19 December 2001 reveals that the applicant received hostile fire pay from
15 February to 25 September 2000, which confirms his service in Bosnia.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a non-combat area on or after 1 August 1981 distinguished himself or herself by meritorious service or achievement.

14. Army Regulation 600-8-22 provides that the 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 Good Conduct Medal, disqualification must be justified.

15. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met. The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22.

16. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part it states that item 14 (military education) will list formal in service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

CONCLUSIONS:

1. The applicant provided evidence that he attended and completed the Combat Lifesaver Course from 28 September to 1 October 1998. However, Army Regulation 635-5 provides that item 14 of the DD Form 214 (Military Education)
will not list formal in service training. The information is to assist the soldier after separation. Therefore, training courses for combat skills would not be listed. Correction of the applicant’s DD Form 214 to show the training course is not warranted.

2. The evidence provided by the applicant show that he was awarded the AGCM for the period 27 March 1997 to 26 March 2000, based on Permanent Orders 187-023. Therefore, he is entitled to correction of his DD Form 214 to show the award.

3. The evidence provided by the applicant shows that he was awarded the NATO Medal for service in Bosnia from 15 February to 25 September 2000.
Conversation with DFAS, Indianapolis confirms the applicant’s Bosnia service. Therefore, correcting the applicant’s DD Form 214 to show the NATO Medal and his service dates in Bosnia would be appropriate.

4. The evidence provided by the applicant shows that he was awarded two AAMs. The Board has determined that the DA Forms 638-1 provided by the applicant is sufficient as a basis for correction of his records. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the AAM
w/1 oak leaf cluster.

5. The Permanent Orders 187-023, dated 5 July 2000, awarded the applicant the AGCM (first award) for the period of service from 27 March 1997 to 26 March 2000. Therefore, the applicant is entitled to correction of his DD Form 214 to show the AGCM.

6. There is no evidence in the applicant’s available service record, nor has he provided any evidence, which shows that he was awarded the AFEM. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement orders are required. The Board cannot authorize correction to official military records without supporting documentation.
However, if the applicant can furnish sufficient evidence such as an announcement order for the AFEM he may reapply.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by amending the applicant’s DD Form 214, item 13 to show the award of the AGCM for the period 27 March 1997 to 26 March 2000, the AAM w/1 oak leaf cluster, the NATO Medal and amend item 18, to show that he served in Bosnia from 15 February to 25 September 2000.

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

BOARD VOTE:

__lls___ __rwa___ __tlp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Luther L. Santiful
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001055681
SUFFIX
RECON
DATE BOARDED	20020108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0072
2.	107.0056
3.	107.0025
4.
5.
6.