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Decision Text

ARMY | BCMR | CY2002 | 2002083037C070215
Original file (2002083037C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 29 APRIL 2003
         DOCKET NUMBER: AR2002083037


         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
Ms. Gale J. Thomas Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Thomas Lanyi Member
Mr. Bernard P. Ingold 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.


2. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding three Army Achievement Medals, the Multinational Force and Observers Medal, the Dutch UZI-Machinegun Qualification Badge, his promotion to sergeant and a change in his MOS (Military Occupational Specialty) from 11B to 95B.

3. The applicant states that he would like to have his awards and qualifications he earned while serving his country added to his records. In support of his request the applicant submits copies of his Army Achievement Medals, assignment to the Multinational Force and Observers area, the Dutch UZI-Machinegun Qualification Badge, his promotion orders to sergeant and the orders that changed his MOS to 95B.

4. The applicant’s military records show that he enlisted in the Regular Army on
3 January 1992 for a period of 2 years and 19 weeks. He was awarded MOS 11B on 1 May 1992.

5. The applicant served in the Republic of Egypt from January 1993 through July 1993 as a part of the Multinational Force and Observers in the Sinai.

6. The applicant’s records contain orders confirming the award of three Army Achievement Medals for the periods 20 September 1991 through 8 October 1993, 17 February 1994 through 28 February 1994, and 7 May 1991 through 15 May 1994.

7. On 26 May 1993, the applicant successfully achieved the requirements for qualification on the Dutch UZI-machinegun.

8. The applicant was released from active duty on 15 May 1994, in the pay grade of E-4, under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service and transferred to the U.S. Army Reserve (USAR). His DD Form 214 indicates he had 2 years, 4 months and 13 days of active service, and was awarded the Army Service Ribbon, Army Lapel Button, the National Defense Service Medal, the M16 Expert Badge, the Parachute Badge and the Army Achievement Medal.

9. Subsequent to his release from active duty the applicant was promoted in the USAR to the grade of sergeant and was awarded MOS 95B.

10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, established by the foreign government concerned, for the specific award. Only those badges which are awarded in recognitions of military activities and by the military department of the host country are authorized for

acceptance and permanent wear. Badges which do not meet these criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient. Commanders serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D of this regulation. Any foreign badge not listed in Appendix D will be forwarded to HQ, PERSCOM, ATTN: TAPC-PDA, Alexandria, Virginia 22332-0471, for approval.

11. Army Regulation 600-8-22 states that the Multinational Force and Observers Medal was established by the Director General, Multinational Force and Observers (MFO) on 24 March 1982. To qualify for the award personnel must have served with the MFO at least 90 cumulative days after 3 August 1981. Effective 15 March 1985, personnel must serve 6 months with the MFO to qualify for the award.

CONCLUSIONS
:

1. The applicant was awarded three Army Achievement Medals and his records should be corrected to reflect these awards.

2. The applicant served with the Multinational Force and Observers in the Sinai of Egypt for over 6 months, and qualifies for award of the Multinational Force and Observers Medal.

3. The Dutch UZI-Machinegun Qualification Badge is not listed as an authorized foreign badge in Appendix D, Army Regulation 600-8-22, and there is no evidence that it was approved by his Commander, or that it was authorized for wear or filing on the DD Form 214.

4. The applicant’s promotion to sergeant and award of MOS 95B did not occur during the period of active duty service covered by his DD Form 214, and therefore can not be included.

5. 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 awarding the applicant the Multinational Force and Observers Medal, and by showing he was awarded three Army Achievement Medals.




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

BOARD VOTE:

__JNS __ __TL____ __BPI___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone______
                  CHAIRPERSON



INDEX

CASE ID AR2002083037
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030429
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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