RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 MARCH 2005
      DOCKET NUMBER:  AR20040002960


      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. Thomas Howard                 |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. James Gunlicks                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.  He requests
reconsideration of his request that his DD Form 214 (Certificate of Release
or Discharge from Active Duty) be corrected to show award of the overseas
service bar.  He requests award of the Valorous Unit Award.  He requests
that his        DD Form 214 be corrected to show an additional skill
identifier (ASI) of “P.”  He requests that his records be corrected to show
that he was promoted to sergeant, pay grade E-5, with a date of rank of 1
May 1991, and that he receive pay in the amount of $1548.00, with interest.
 He requests that his DD Form 214 be corrected to show award of a secondary
MOS (military occupational specialty) of 77F, Petroleum Supply Specialist.

2.  The applicant states:

      a.  He was wounded in Somalia by a concussion from an incoming mortar
round;

      b.  Army Regulation 670-1 authorizes award of the overseas service
bar;

      c.  He was assigned to the 2nd Battalion, 25th Aviation Regiment,
during the period when it was awarded the Valorous Unit Award;

      d.  An Army Continuing Education System in processing counseling
session shows his primary MOS as 55B2P;

      e.  His packet recommending him for promotion to sergeant was lost,
his name was removed from the promotion standing list, and he was unable to
add 54 (promotion points) to his total of 681 promotion points; and

      f.  His citation showing award of the Meritorious Service Medal
reflects his expertise as a petroleum supply specialist, MOS 77F.

3.  Additional statements made by the applicant are included, where
appropriate, in the separate issues raised by him.

4.  The applicant provides the evidence as depicted herein.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant’s case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003094172 on 18 May 2004.

2.  The applicant enlisted in the Army Reserve Delayed Entry Program (DEP)
for 6 years on 30 August 1983.  He was discharged from the DEP upon his
enlistment in the Regular Army for 3 years on 6 December 1983.  He was
released from active duty upon the expiration of his term of service (ETS)
on       3 December 1986 and transferred to the Army Reserve Control Group
(Reinforcement).

3.  On 23 February 1987 he enlisted in the Army Reserve DEP for 8 years.
He was discharged from the DEP upon his enlistment in the Regular Army for
        3 years on 25 March 1987.  He was awarded the Parachutist Badge on
19 July 1991.  His OMPF (Official Military Personnel File) shows that he
was discharged at Fort Drum, New York in the rank of corporal on 31 July
1992 under the provisions of the FY92 early volunteer program.  His DD Form
214 shows that he received a special separation bonus of $18,235.70.  Prior
to his discharge, orders were published promoting him to sergeant in MOS
55B20, effective on 1 August 1992.  The order effecting his discharge was
rescinded on 1 August 1992, and the applicant continued his service until
his discharge in the rank of sergeant on 18 April 1995.  His DD Form 214
shows his MOS as 55B20.  It shows that he served in Somalia from 18 August
1993 to 15 January 1994; and in Haiti from    21 September 1994 to 3
December 1994.  In addition to the awards shown, his DD Form 214 was
corrected on 14 October 2003 to show award of the United Nations Medal with
one bronze service star (Haiti and Somalia), the Humanitarian Service Medal
(Haiti), and the Meritorious Unit Commendation.  In response to his 6 July
2003 request to this Board, his DD Form 214 was again corrected, to show
award of the Joint Meritorious Unit Award.

4.  The applicant continued his military service, enlisting in the Army
Reserve on 24 March 1995 attaining the rank of sergeant first class.  He is
now a member of the Retired Reserve, as he indicates in his request.

5.  Regarding the Purple Heart:

      a.  On 10 February 2004 the applicant completed an affidavit in which
he stated that on 3 September 1993 he and another Soldier were refueling a
helicopter at a helipad in Mogadishu, Somalia, when the airfield came under
mortar attacks.  One of the rounds exploded a few feet from them, sending
them flying through the air and landing on the metal tarmac helipad.  He
momentarily blacked out and was dazed.  His ears were ringing and popping.
He had a severe headache and was very dizzy and off balance.  His vision
was blurred, his knees and feet were tingling, and his stomach was
churning.  Since that time he has had severe constant headaches, periodic
blackouts, and blurred visions, along with various other medical ailments.


      b.  In an 11 December 2003 letter to the applicant, the Director,
Center for Unit Records Research, informed him that situation reports
showed that the Mogadishu Airport was subjected to an enemy mortar attack
on 3 September 1993 and 5 September 1993 while the 2nd Battalion, 25th
Assault Helicopter Battalion was base camped at that location.

      c.  A 5 February 2004 report of medical examination shows that the
applicant was medically qualified for retirement with a physical profile
serial of     1 1 1 1 1 1.  That report also showed various defects and
diagnoses, to include posttraumatic stress disorder and post concussion
syndrome.  Attached to that report, the applicant listed his various
ailments, again describing the incident in Somalia when he came under
mortar fire, describing the effects of the explosion both at that time and
the present time.  Other contemporary medical reports indicate that the
applicant sustained a concussion in Somalia in 1993 and had a history of
post concussion syndrome.

      d.  In a 3 January 2003 affidavit, the applicant’s wife states that
she remembered him telling her about getting blown off his feet by an
explosion during a surprise attack.  In a 29 January 2003 affidavit, she
stated that her husband told her about him and another Soldier refueling a
helicopter and coming under attack and getting blown off their feet by an
enemy rocket before they were able to reach safety behind a hill.

      e.  On 2 April 2003 the Department of Veterans Affairs (VA) awarded
the applicant a service connected disability rating of 30 percent for
anxiety disorder.

      f.  The applicant, then assigned to Headquarters and Headquarters
Company, 2nd Battalion (Attack), 25th Aviation Regiment, was awarded the
Army Commendation Medal for meritorious achievement from 18 August 1993 to
      10 January 1994 while assigned to the Falcon Brigade in support of
Operation Continue Hope in Mogadishu, Somalia.

      g.  He submits pictures of the flight line where he states the mortar
attack occurred, the fuel tanker he was using that day, and the helicopter
gunships lined up on the tarmac.

      h.  He submits a page from a previous Board case, a portion of which
the applicant has highlighted, “As such, the medic’s statement is accepted
as evidence that he was wounded as a result of hostile action and that he
was treated by a medical officer.  The Board also accepts this statement as
fulfilling the requirement of having the medical treatment made a matter of
official record (the regulation does not specify a time limit to make the
treatment a matter of official record).”

      i.  A 5 April 1995 VA medical record, a portion of which the
applicant highlighted, “Problems with loud noises, short tempered, edgy,
short attention, bad headaches and nervous stomach in stress situation.”
The record indicates the problems emanated from August 1993 in Mogadishu,
Somalia.

      j.  In a 15 January 2005 letter to the Board, the applicant stated
that the awards regulation authorizes the Purple Heart for injuries to any
part of the body and does not require a physical lesion.  He stated that
although he had some scrapes, most of his injuries were internal.  He went
on to say that he did not receive immediate medical attention at the time
because of the urgency of aircraft needing immediate refueling to go after
the enemy.  He stated that he still suffered from his wounds, and did seek
medical attention when he returned to Fort Drum.

6.  Regarding adding the overseas service bar to his DD Form 214:

      a.  On 18 May 2004 this Board denied his request to add the Shoulder
Sleeve Insignia-Former Wartime Service and the Overseas Service Bar to his
  DD Form 214; and

      b.  A copy of Army Regulation 670-1, paragraph 28-28, that the
applicant submits with his request, which states:  “(1) One overseas
service bar is authorized for each 6-month period of Federal service as a
member of a U.S. Service in Somalia, from 5 December 1992 to 31 March 1995.
 The months of arrival to, and departure from Somalia are counted as whole
months.”

7.  With regard to the Valorous Unit Award:

      a.  A copy of the unit history of the 25th Aviation Regiment, which
indicates that the 2nd Battalion served in Somalia with the 10th Division,
receiving a Valorous Unit Award;

      b.  A copy of the Military Awards Branch [Human Resources Command]
unit listing showing that the 2nd Battalion, 25th Aviation was awarded the
Valorous Unit Award for the period September 1993 to October 1993;

      c.  A copy of a memorandum indicating that the applicant met the
requirement in the Somalia theater of operation for award of the Armed
Forces Expeditionary Medal; and

      d.  A copy of the above-mentioned certificate showing that the
applicant was awarded the Army Commendation Medal for meritorious
achievement in Somalia.

8.  Regarding the ASI OF “P.”  This numerical designation is actually a
special skill identifier (SSI), not an ASI, and designates that a Solder is
airborne qualified.  He submits a copy of an in-processing counseling
session, which shows his MOS as 55B2P.

9.  Regarding his promotion.  The applicant states, that in February 1991
while at Fort Drum, his promotion packet had been lost, and his name was
taken off the promotion standing list.  He had to reconstruct his promotion
packet.  An Inspector General investigation and a Congressional
investigation concluded that he had been to the E-5 promotion board, and
was promotable when he in- processed to Fort Drum, and that his promotion
packet was logged into the system.  He was arbitrarily and capriciously
denied his continued status on the promotion list and denied a recount of
his promotion points.  The 10th PSC (Personnel Service Company) did not
help him.  He missed being promoted on    1 May 1991 because he was not
able to add his points in February 1991, and his name was removed from the
promotion list.  He was also not given an opportunity to get reboarded for
E-5, instead appearing before the E-5 promotion board on 5 September 1991.
In his continuation to this application he provides an explanation
concerning the loss of his promotion packet and how his delayed promotion
affected his career.  He submits:

      a.  An 11 October 2002 affidavit in which he stated that he appeared
before a promotion board in Darmstadt, Germany in March 1998;

      b.  A 7 October 2002 statement by a retired command sergeant major
who stated that the applicant appeared before the battalion promotion board
and was recommended for promotion;

      c.  A 21 June 1991 letter from the 10th Mountain Division informing a
    MC that the applicant’s promotion status could not be validated, as
there was no promotion packet in his military records jacket to validate
his status or the number of points awarded.  He informed the MC that
inquiries were made to the applicant’s previous personnel office and his
previous unit, requesting the missing documents, but that neither had any
record of the applicant appearing before a promotion board and being placed
on a promotion list.  He also stated that the Fort Drum Inspector General’s
office sent inquiries to Germany, where the local Inspector General’s
office was unable to verify the Soldier’s promotable status;

      d.  A 28 June 1991 letter from a Member of Congress (MC) informing him
that the onus was on him to provide proof of his promotion status;

      e.  A personnel information sheet showing that the applicant was a
promotable E-4 and that he had 686 promotion points;

      f.  A 13 November 1991 promotion list showing that the applicant was
recommended for promotion in his MOS of 55B with 681 promotion points;

      g.  A 6 April 1990 document showing that the applicant was on a
promotion list;

      h.  A copy of a 22 March 1991 personnel qualification record showing
that the applicant was a promotable E-4, with 681 promotion points;

      i.  Promotion cutoff scores, copied from the Army Times, published in
May through September 1991;

      j.  Copies of award certificates, the results of a skill
qualification test, a pay transmittal memorandum, a copy of the applicant’s
discharge order, a checklist for the SSB/VSI program, the applicant’s 31
July 1992 DD Form 214, a copy of the order rescinding his discharge order,
and a copy of his promotion order;

      k.  Copies of pages from Army Regulation 600-8-19, Enlisted
Promotions, dated 20 January 2004, with portions highlighted by the
applicant;


      l.  Copies of pages from two previous Board cases regarding enlisted
promotions;


      m.  Copies of his leave and earning statements and pay rates for 1991
and 1992;


      n.  A copy of his 18 April 1995 DD Form 214, and his 3 December 1986
     DD Form 214; and

      o.  Copies of documents reflecting his awards.

10.  Regarding award of a secondary MOS of 77F, Petroleum Supply
Specialist.  He submits a copy of a certificate awarding him the
Meritorious Service Medal, which reads in pertinent part, “outstanding
meritorious service from 18 August 1993 to 18 April 1995, while assigned …
as an Ammunitions Sergeant.  Sergeant [name] distinguished himself … in
providing ammunition and fuel support to the Falcon Brigade.”

11.  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.  A wound is defined as an injury to
any part of the body from an outside force or agent. A physical lesion is
not required; however, the wound for which the award is made must have
required treatment by a medical officer.  Examples of enemy-related
injuries which clearly justify award of the Purple Heart include injury
caused by enemy bullet, shrapnel, or other projectile created by enemy
action; and concussion injuries caused as a result of enemy generated
explosions.

12.  Army Regulation 635-5 provides instructions for completion of the
        DD Form 214, and states in pertinent part that decorations, medals,
badges, citations, and campaign ribbons awarded or authorized will be
entered on that form.

13.  Army Regulation 600-8-2 prescribes Army policy, criteria, and
administration instructions concerning individual military awards.  That
regulation cites the military awards authorized, to include Department of
Defense awards, Department of the Army awards, foreign and international
decorations, and trophies and similar devices.  Overseas service bars are
not listed in that regulation.

14.  Soldiers must successfully complete airborne training (be awarded SQI
“P”) to be assigned to an airborne position.  The skill qualification
identifier of “P” is the fifth character of the MOS code and may be used
with any MOS unless restricted by Department of the Army.  The servicing
chief, MPD/commander, personnel service branch, or the training activity
commander will award fully qualified Soldiers appropriate SQI by publishing
orders.

15.  Army Regulation 600-200, then in effect, provides for the promotion of
enlisted Soldiers, and states in pertinent part that Soldiers recommended
for promotion to pay grades E-5 and E-6 will be placed on a recommended
list for promotion.  Names will be listed by grade and zone in ascending
MOS and descending promotion point order.  Soldiers will be promoted from
the current recommended list by three-character MOS.  The promotion packet
and a copy of the page of the recommended list that contains the Soldier’s
name will be sealed in an envelope and filed in the action pending section
of the military personnel record jacket for Soldiers who are being
reassigned prior to promotion.  Newly assigned Soldiers who are on a
recommended list from a previous command will be added to the current
recommended list of the gaining command.  The gaining promotion authority
will place a Soldier’s name on his current recommend list based on the
promotion packet, and (a) a recommended list published during the month of,
or before, the Soldier’s departure from the losing command reflecting the
most current points or, (b) DA Form 2A reflecting the most current points,
or (c) a statement issued by the losing military personnel office verifying
the Soldier was recommended by a valid board.  If no promotion packet is
available, items (a) through (c) above are not valid.  The applicant’s name
will not be placed on the recommended list of the gaining command.  The
gaining command must take prompt action to request documents missing from
the Soldier’s former command. Reports of promotion board proceedings may be
used to reconstruct promotion packets.

16.  The secondary MOS provides an alternative specialty for assignment.
All Soldiers, regardless of grade, may posses one secondary MOS.  Commands
with reclassification approval authority may award a secondary MOS when it
is determined a Soldier meets the MOS eligibility requirements, including
successful completion of MOS training.  A petroleum supply specialist, MOS
77F, supervises or receives, stores, accounts for and cares for, dispenses,
issues, and ships bulk or packaged petroleum, oils, and lubricants (POL)
products.

DISCUSSION AND CONCLUSIONS:

1.  The contemporary medical evidence shows that the applicant sustained a
concussion.  This, the Board does not dispute.  Noted also is the
information provided by the applicant from a previous Board case, in which
the Board accepted a medic’s statement as evidence that he [the applicant
in that case] was wounded as a result of hostile action and that he was
treated by a medical officer.  Nonetheless, the applicant has not even
provided this evidence.  Contemporary medical documents showing that he
sustained a concussion are not testament that he was wounded in action in
1993.  There is no medical evidence to show that he was wounded at that
time, to include being treated by medical personnel.  Without such
substantiating evidence, his contention cannot be accepted.  Consequently,
he is not entitled to award of the Purple Heart.

2.  Noted is the applicant’s contention that Army Regulation 670-1 (Wear
and Appearance of Army Uniforms and Insignia) authorizes wear [on the
uniform] of the overseas service bar for service in Somalia.  The Board
agrees.  The overseas service bar, however, is not an award, but a
distinctive item to be worn on the Army uniform.  There are no provisions
for indicating entitlement to an overseas service bar on a Soldier’s DD
Form 214.  His request to do so is not granted.

3.  Noted is the fact that the applicant completed airborne school in 1991
and was awarded the Parachutist Badge; and despite the evidence that the
applicant submits showing his MOS as 55B2P, there is no evidence, and the
applicant has not submitted any to show that he was awarded the SQI of “P.”
 Consequently, his request to correct his DD Form 214 to show this SQI as
part of his MOS code is denied.

4.  The applicant’s promotion status could not be validated in 1991 as
indicated in the evidence that the applicant submits with his request.
Notwithstanding his contention, there is no evidence to support his
contention that an Inspector General investigation and a Congressional
investigation concluded that he had been to the E-5 promotion board, was
promotable when he in-processed to Fort Drum, and his promotion packet was
logged into the system.  To the contrary, the evidence indicates otherwise.
 The applicant has not provided any evidence to show that he should have
been promoted on 1 May 1991.  Therefore, his request to correct his record
to show that he was promoted on that date and to award him retroactive pay
with interest is denied.

5.  The applicant has not provided any evidence to show that he was awarded
a secondary MOS or that he was even qualified as a petroleum supply
specialist.  His request to correct his DD Form 214 to show award of 77F as
a secondary MOS is denied.

6.  The applicant was assigned to the 2nd Battalion, 25th Aviation Regiment
when it was awarded the Valorous Unit Award for its actions in Somalia.
The applicant is entitled to that award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__TH ___  ___RO __  ___JG __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 award of the Valorous Unit Award.

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 Purple Heart; correction of his DD Form 214 to show a skill
qualification identifier of “P;” correction of his records to show that he
was promoted to sergeant, pay grade  E-5, with a date of rank of 1 May
1991, and retroactive pay in the amount of $1548.00 with interest; and
correction of his DD Form 214 to show award of 77F as a secondary MOS.

3.  The Board also determined that the evidence presented is insufficient
to warrant the requested relief pertaining to award of the overseas service
bar on his DD Form 214, and determined that the overall merits are
insufficient as a basis to amend the decision of the ABCMR set forth in
Docket Number AR2003094172 on 18 May 2004.


                                  _____Thomas Howard______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002960                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050322                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT , DENY, GRANT PLUS)       |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.04                                  |
|3.                      |131.09                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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