RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 March 2004
         DOCKET NUMBER: AR2003091146


         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. Carolyn Wade		Analyst

The following members, a quorum, were present:

Ms. Kathleen A. Newman		Chairperson
Mr. Kenneth L. Wright		Member
Mr. Eric N. Anderson		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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 December 2002 be corrected to show:

         a. Award of the Bronze Star Medal;

         b. Award of the Antarctica Service Medal with Wintered Over Device;

         c. Award of the Belgian Armed Forces Parachutist Badge; and

         d. Award of the Florida Service Ribbon.

2. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 December 2002 be corrected to show:

         a. Deletion of the Air Force Longevity Service Ribbon (2nd Award); and

         b. Deletion of the Army Service Ribbon.

3. The applicant further requests recalculation of his prior active and inactive service, as well as his foreign service.

4. The applicant states that items previously shown on his other DD Forms 214 are omitted from his most recent DD Form 214 and that two items are shown on his most recent form that he does not believe he is authorized. He states he has three DD Forms 214 from the Army and one NGB Form 55 from the Air Force National Guard. He would like to have all of his information placed on his last DD Form 214.

5. The applicant provides:

a. A copy of DD Forms 214 for the periods ending 28 December 2002, 31 August 2001, and 28 July 1978.

b. A copy of NGB Form 22 (National Guard Bureau - Report of Separation and Record of Service) for the period ending 27 September 1996.

c. A copy of DA Form 638 (Recommendation for Award), dated 15 October 2002, recommending him for award of the Bronze Star Medal and a copy of the Bronze Star Medal Certificate.

d. A copy of a certificate from the National Science Foundation (NSF) awarding him the NFS Antarctica Service Medal.

e. A copy of a letter, dated 3 April 1986, from the Florida Air National Guard notifying him of award of the Air Force Longevity Service Ribbon for the period May 1982 to May 1986.

f. A copy of a letter, dated 17 August 1988, from the Florida Air National Guard notifying him of award of the "Air Force Longevity Service Ribbon (1CL)" for 4 years of continuous service during the period May 1984 to May 1988 and the Air Reserve Forces Meritorious Service Medal for 3 years of Reserve duty for the period May 1985 to May 1988.

g. A copy of a certificate, dated 6 November 1975, awarding him the Belgian Armed Forces Parachutist Badge.

CONSIDERATION OF EVIDENCE:

1. The applicant's military personnel file is not available to the Board; however copies of the DD Forms 214 and other documentation provided by the applicant are sufficient to allow the Board to make a fair, impartial and equitable determination of his application.

2. The available evidence shows the applicant has prior active and inactive service in several different components of the military, i.e., the Florida Air National Guard, the Army National Guard, the Regular Army, and the United States Army Reserve.

3. The applicant, as a member of the United States Army Reserve, was ordered to active duty on 18 January 2002 in support of Operation Joint Forge. He was honorably discharged on 28 December 2002 after completing 11 months and 11 days of creditable active service. He was credited with 4 years, 7 months, and 5 days of prior active service; 4 years, 8 months, and 15 days of prior inactive service; and 8 months and 7 days of foreign service.

4. The applicant's DD Form 214 for the period ending 28 December 2002 shows he was awarded the Army Commendation Medal (2nd award), the Army Achievement Medal, the Army Good Conduct Medal, the National Defense Service Medal (3rd Award), Armed Forces Expeditionary Medal (2nd Award), the Armed Forces Reserve Medal with Letter M (2nd Award), the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Service Ribbon, the Overseas Service Ribbon, the Air Force Longevity Service Award

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Ribbon (2nd Award), Air Force Training Ribbon, Air Reserve Forces Meritorious Service Medal, the North Atlantic Treaty Organization Medal, the Expert Marksmanship Qualification Badge with Pistol Bar, the Expert Infantryman Badge, the Master Parachutist Badge, the Senior Parachutist Badge, the Parachutist Badge, and the Belgian Commando Badge.

5. The applicant's DD Form 214 for the period ending 28 December 2002 does not show award of the Bronze Star Medal, the Antarctica Service Medal, the Belgian Armed Forces Parachutist Badge or the Florida Service Ribbon.

6. The available evidence of record shows that DA Form 638, dated 15 October 2002, recommended the applicant for award of the Bronze Star Medal. The appropriate authority approved the award and Permanent Order Number 068-008 was issued awarding the applicant the Bronze Star Medal.

7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

8. The Antarctica Service Medal was established by Public Law 86-600 (DA Bulletin 3, 1960). Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Antarctica Service Medal is awarded to any person who, after 2 January 1946 and before a date to be announced, meets any of the following qualifications: (1) Any member of the Armed Forces of the United States or civilian citizen, national, or resident alien of the United States who is a member of a direct support or exploratory operation in Antarctica. (2) Any member of the Armed Forces of the United States or civilian citizen, national, or resident alien of the United States who participates in or has participated in a foreign Antarctic expedition in Antarctica in coordination with a United States expedition and who is or was under the sponsorship and approval of competent U.S. Government authority. (3) Any member of the Armed Forces of the United States who participates in or has participated in flights as a member of the crew of an aircraft flying to or from the Antarctic continent in support of operations in Antarctica. (4) Any member of the Armed Forces of the United States or civilian citizen, national, or resident alien of the United States who serves or has served on a U.S. ship operating south of latitude 60 degrees S. in support of U.S. programs in Antarctica. (5) Any person, including citizens of foreign nations, not fulfilling any of the above qualifications, but who participates in or has participated in a United States expedition in Antarctica at the invitation of a participating United States Agency. In such cases, the award will be made by the Secretary of the Department under whose cognizance the expedition falls, provided the commander of the military support force, as the senior U.S. representative in Antarctica, considers that the individual has performed outstanding and exceptional service and shared the hardships and hazards of the expedition.

Personnel who remain on the Antarctic Continent during the winter months will be eligible to wear a clasp or a disc as described below: (1) A clasp with the words "Wintered Over" on the suspension ribbon of the medal; (2) A 5/16 inch diameter disc with an outline of the Antarctic continent inscribed thereon fastened to the bar ribbon representing the medal. The appurtenances in (1) and (2) above are awarded in bronze for the first winter, in gold for the second winter, and in silver for personnel who "winter over" three or more times.
Subsequent to 1 June 1973, minimum time limits for the award are 30 days under competent orders to duty at sea or ashore, south of latitude 60 degrees South. Each day of duty under competent orders at any outlying station on the Antarctic continent will count as 2 days when determining award eligibility. Effective 1 July 1987, flight crews of aircraft providing logistics support from outside the Antarctic area may qualify for the award after 15 missions (one flight in and out during any 24-hour period equals one mission). Days need not be consecutive. No person is authorized to receive more than one award of the Antarctica Service Medal. Not more than one clasp or disc will be worn on the ribbon. Antarctica is defined as the area south of latitude 60 degrees South. The Antarctica Service Medal takes precedence immediately after the Korean Service Medal.

9. The Secretary of the Army established the Army Service Ribbon on 10 April 1981. It is awarded to members of the U.S. Army for successful completion of initial entry training.

10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 6 of that regulation provides, in pertinent part, for the separation of personnel because of expiration of term of service.

DISCUSSION AND CONCLUSIONS:

1. Based on the evidence in this case, the applicant is entitled to correction of his records to show awards that were omitted from his separation document through administrative error at the time the applicant was released from active duty on 28 December 2002.

2. The evidence of record shows the applicant is authorized award of the Bronze Star Medal based upon an approved DA Form 638 that shows the Bronze Star Medal was issued under Permanent Order Number 068-008. The applicant also provides a copy of his Bronze Star Medal Certificate signed by the appropriate approving authority.
3. The evidence of record shows the applicant is authorized award of the Antarctica Service Medal with Wintered Over Device.

4. The evidence of record shows the applicant is authorized award of the Belgian Armed Forces Parachutist Badge that was previously shown on his DD Form 214 for the period ending 31 August 2001. He provides a copy of the certificate to support his request.

5. The evidence of record shows the applicant is authorized the Army Service Ribbon based on completion of initial training. Therefore, there is no reason to delete it as an authorized award from his DD Form 214.

6. The Board noted that the Florida Service Ribbon was awarded during a period of service when the applicant was serving in the Air Force National Guard. Therefore, the Florida Service Ribbon cannot be added to the applicant's DD Form 214. Additionally, the applicant needs to request assistance through the Department of Air Force to correct any discrepancies in his entitlement to Air Force awards.

7. The Board does not have sufficient documentation to accurately calculate the applicant's prior active and inactive service as well as his foreign service. Also, the applicant must exhaust all other administrative remedies by contacting his servicing personnel center to assist him in making the corrections before coming to this Board.

BOARD VOTE:

__kan___ __klw___ __ena___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he is entitled to award of the Bronze Star Medal, the Belgian Armed Forces Parachutist Badge, and the Antarctica Service Medal.

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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 deleting the Army Service Ribbon, the Florida Service Ribbon, and the Air Force Longevity Award, or recalculating the applicant's prior active and inactive service as well as his foreign service credit.




                           Kathleen A. Newman
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091146
SUFFIX
RECON
DATE BOARDED	20040304
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0071
3.
4.
5.
6.