RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 25 NOVEMBER 2003
         DOCKET NUMBER: AR2003091081


         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Ms. Lana E. McGlynn		Member
Ms. Yolanda Maldonado		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that her record be corrected to show all the awards she received. She also requests, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect her name as indicated on her application to this Board.

2. The applicant states that the awards, accomplishments, and licensees due her are the National Defense Service Medal, the Overseas Service Ribbon, two awards of the Army Achievement Medal, the Meritorious Unit Award, the Army Good Conduct Medal, the USAREUR (United States Army Europe) driver's license, driver badges for the sedan, 1/4 ton truck, and 1 1/4 ton truck, the DD Form 285 showing that she was a mail clerk, the Marksman Marksmanship Qualification Badge with rifle bar, the Purple Heart, and the Army Service Ribbon.

3. The applicant provides a copy of a DA Form 199 (Physical Evaluation Board (PEB) Proceedings) which shows that the PEB determined that the applicant was physically unfit because of cold sensitivity secondary to frost bite injury to her hands, and recommended that she be separated with a 20 percent disability rating. Highlighted on that form is the statement, "THE DISABILITY DID RESULT FROM A COMBAT RELATED INJURY AS DEFINED IN 26 U.S.C. 104." She provides a copy of an order awarding her the Army Achievement Medal for meritorious service for the period 15 September 1992 to 9 October 1992, and an order awarding her the first oak leaf cluster to that medal for meritorious service for the period 3 June 1992 to 1 December 1994. She provides a copy of a judgment of divorce, dated 11 December 1997, a portion of which decreed that her former name be restored. She provides a copy of an e-mail, apparently from the Department Veterans Affairs (VA) in response to her question concerning award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 17 April 1995. The application submitted in this case is dated 1 May 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.


3. The applicant enlisted in the Army for 4 years on 4 September 1991, completed her training, and in March 1992 was assigned to the 32nd Signal Battalion in Germany. She was promoted to pay grade E-4 in June 1992. She was awarded the Army Good Conduct Medal for the period 4 September 1991 to 3 September 1994.

4. On 12 January 1995 a PEB determined that the applicant was physically unfit for service. She was discharged at Fort Jackson, South Carolina on 17 April 1995 because of her physical disability. She had 3 years, 7 months, and 14 days of service. Her DD Form 214 shows award of the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge with rifle bar. It does not reflect any of the other awards, badges, licenses, etc., which she is requesting.

5. The applicant's OMPF (Official Military Personnel File) does not reflect award of any driver badges.

6. All of the documents in the applicant's OMPF, to include her enlistment documents, and other certificates and statements which she signed, show her name as it is reflected on her 17 April 1995 DD Form 214.

7. Army Regulation 600-8-22 provides the policy, criteria, and administrative instructions concerning individual military decorations. Neither a driver's licenses or a form designating an individual as a mail clerk is an award or a decoration. There are no provisions for documenting those items on the DD Form 214.

8. That regulation provides for award of the Driver and Mechanic Badge to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles. A driver must qualify for a possess a current OF 346 (U.S. Government Motor Vehicles Operator's Identification Card), occupy a duty position with title of driver or assistant driver of Army vehicles for a minimum of 12 consecutive months, or during 8,000 miles, or had no Army motor vehicle accident or traffic violation, among other requirements.

9. The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.

10. Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

11. The Army Unit Awards Citation Listing reflected on the Military Awards Branch, Human Resources Command web site does not show that the applicant's assigned organization in Germany was awarded the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1. There is no evidence and the applicant has not provided any, to show that she was assigned to an organization that was awarded the Meritorious Unit Commendation; consequently, she is not entitled to that award.

2. There is also no evidence that she was awarded a Driver Badge or that she met the qualifications for award of a Driver Badge; therefore, she is not entitled to award of a Driver Badge.

3. A driver's license and a card reflecting designation as a mail clerk are documents used to identify the carrier as such, i.e., a driver and a mail clerk, the designation of which are not included on a Soldier's DD Form 214. These documents are neither awards nor decorations as depicted in the regulation. Consequently, the applicant's request in this respect cannot be granted.

4. There is no evidence that the applicant was wounded in action or that she participated in combat. The entry on the applicant's DA Form 1999 indicating that her frostbite resulted from a combat related injury does not equate to being wounded in action by an enemy of the United States. She is not entitled to award of the Purple Heart.

5. The applicant was awarded the Army Achievement Medal on two occasions. Those awards should be shown on her DD Form 214.

6. The awards, other than addressed directly above, which the applicant is requesting, are included on her DD Form 214.

7. The Army has an obligation for historical purposes to maintain records as they were constituted at the time of creation. All the documents in the applicant's records show the name she was using at the time they were created, and as shown on her DD Form 214. Accordingly, there is no basis to change the name that the applicant was using during her active duty service.

BOARD VOTE:

__RVO__ ___LEM _ __YM ___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that she was awarded the Army Achievement Medal with oak leaf cluster.

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 award of the Meritorious Unit Commendation, award of a Driver Badge, award of the Purple Heart, and inclusion on her DD Form 214 information showing that she received a USAREUR driver's license and was designated a mail clerk. The Board also determined that the applicant's name as reflected on her 17 April 1995 DD Form 214 was her name at the time that document was created, and should not be changed.





                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091081
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031125
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.	110.04
2.
3.
4.
5.
6.