PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 January 2002
         DOCKET NUMBER: AR2001064131


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Ted S. Kanamine		Member
Mr. John T. Meixell		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 correction of his records to show award of three Army Achievement Medals, the Armed Forces Expeditionary Medal, and the Overseas Service Ribbon.

3. The applicant states that certain awards were withheld from his DD Form 214 (Certificate of Release or Discharge from Active Duty). In support of his application, he provided a certificate for award of the Army Achievement Medal; a DA Form 638 (Recommendation for Award), dated 23 February 2000; a DA Form 638, dated 5 April 2000; and a certificate for award of the Armed Forces Expeditionary Medal, dated 7 November 2000.

4. The applicant’s military records show that he entered active duty on 9 July 1998 and completed training as a Patriot Fire Control Operator. He was honorably separated from active duty on 8 July 2001.

5. The applicant’s DD Form 214 shows only award of the Good Conduct Medal and the Army Service Ribbon in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6. The applicant provided the original copy of an award certificate for award of the Army Achievement Medal for outstanding service while deployed to Southwest Asia. This award certificate shows the period of service as “13 September 2000 to 31 January 2000.” This award of the Army Achievement Medal was based on Permanent Order #320-383, Headquarters, 1st Battalion, 1st Air Defense Artillery, located at Fort Bliss, Texas. A copy of this award certificate is on the applicant’s Official Military Personnel File microfiche.

7. The applicant provided a copy of a DA Form 638, dated 23 February 2000, which shows that he was awarded the Army Achievement Medal at the time of his Permanent Change of Station move by Headquarters, 1-43 [1st Battalion, 43rd] Air Defense Artillery Permanent Order Number 00073-04, dated 9 March 2000.

8. The applicant provided a copy of a second DA Form 638 which shows that he was awarded an Army Achievement Medal for achievement during the period 13 March 2000 to 16 March 2000 by Headquarters, 1-43 Air Defense Artillery Permanent Order Number 00104-05, dated 10 April 2000.

9. The applicant provided a copy of a locally produced certificate for award of the Armed Forces Expeditionary Medal “For Service in Southwest Asia.” This certificate is authenticated by a colonel. The certificate is dated 7 November 2000 and shows that it was issued by HQ, ARCENT-SA [Headquarters, Army Central Command-Saudi Arabia] at Riyadh, Saudi Arabia. However, this form does not show the dates of service or the specific military operation for which this the Armed Forces Expeditionary Medal was awarded.
10. The applicant’s DD Form 214 shows 4 months and 18 days of foreign service in item 12f, but there is no indication where this foreign service was performed. The applicant’s DA Form 2-1 (Personnel Qualification Record-Part II) shows no entries in item 5 (Oversea Service). The applicant’s enlisted record brief does not show any overseas service in Section G (Assignment History).

11. There is no evidence in the applicant’s service personnel records that he completed a tour of duty in Korea.

12. 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 noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of Army Achievement Medal.

13. 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 to friendly foreign nations. Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations. The regulation also provides that the Armed Forces Expeditionary Medal may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met.

14. The designated military operations and dates of eligibility for award of the Armed Forces Expeditionary Medal are specified in Army Regulation 600-8-22 or by a Military Personnel Message from the U.S. Total Army Personnel Command. The regulation and authorizing messages identify a specific military operation and the specific duration of each operation which qualify for an award of the Armed Forces Expeditionary Medal.

15. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

16. Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves. This regulation also governs overseas tour lengths and credit for tour completion. Table B-1 of the regulation lists overseas tour length and specifically tour length for Korea which is 24 months if accompanied by dependents and 12 months for all others.

CONCLUSIONS:

1. Orders show that the applicant received three awards of the Army Achievement Medal. Therefore, he is entitled to correction of his records to show three awards of the Army Achievement Medal, correctly known as the Army Achievement Medal (Second Oak Leaf Cluster).

2. The Board noted the certificate provided by the applicant for award of the Armed Forces Expeditionary Medal The applicant’s DD Form 214 shows 4 months and 18 days of foreign service; however, none of these documents indicate that the applicant served in Southwest Asia or the dates and location of this foreign service. A certificate for the Army Achievement Medal shows that he received this award for service while deployed to Southwest Asia, but apparently in error shows the period of service as 13 September 2000 to 31 January 2000. In the absence of a regulatory authority upon which to base award of the Armed Forces Expeditionary Medal in this case and in the absence of evidence of record which shows the dates of the applicant’s service in Southwest Asia, there is insufficient evidence upon which to base correction of the applicant’s records to show award of the Armed Forces Expeditionary Medal at this time.

3. The applicant’s DD Form 214 shows that he completed only 4 months and 18 days of foreign service. There is no evidence in the applicant’s service personnel records that he completed either a 12 month or a 24 month normal tour of duty in Korea. Therefore, there is no basis for award of the Overseas Service Ribbon in this case.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Army Achievement Medal (Second Oak Leaf Cluster).
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__TMK__ ___JTM__ __FNE__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Fred N. Eichorn___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064131
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020110
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.