RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           24 March 2005
      DOCKET NUMBER:  AR20040003049


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Mr. Robert Rogers                 |     |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, in effect, that the Overseas Service Ribbon
(OSR), Spanish Armed Forces Parachutist Badge, and Army Achievement Medal
(AAM) be added to his record and separation document (DD Form 214).

2.  The applicant states, in effect, the earned awards in question were not
included in the list of authorized awards contained on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, authorization to wear
the Spanish Armed Forces Parachutist Badge and AAM orders in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 22 September 1993.  The application submitted in this case
was received on 22 June 2004.

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 limitations 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’s record shows that he enlisted in the Regular Army and
entered active duty on 8 October 1991.  He was trained in and awarded
military occupational specialty (MOS) 13B (Cannon Crewmember) and the
highest rank he attained while serving on active duty was private first
class (PFC).

4.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows the
applicant served overseas in Italy from 8 March 1992 through 21 September
1993.  Item 9 (Awards, Decorations and Campaigns) shows that he earned the
following awards during his tenure on active duty:  Army Service Ribbon,
National Defense Service Medal, Parachutist Badge, Spanish Armed Forces
Parachutist Badge and Expert Qualification Badge with Rifle and Hand
Grenade Bars.
5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of a Headquarters, Southern European Task Force Memorandum, dated 10
June 1992, which authorized the applicant to accept and wear the Spanish
Armed Forces Parachutist Badge.

6.  On 22 September 1993, the applicant was honorably discharged, by reason
of physical disability with severance pay.  The DD Form 214 he was issued
lists the following awards he earned during his active duty tenure:
National Defense Service Medal, Army Service Ribbon, Parachutist Badge and
Expert Qualification Badge with Rifle and Hand Grenade Bars.

7.  The applicant provides a copy of a Recommendation for Award (DA Form
638) that confirms he was awarded the AAM, for meritorious service during
the period 31 March through 21 September 1993, in United States Army Postal
Battalion, Europe Orders Number 71-2, dated 1 October 1993.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.

9.  Chapter 2 of the separations document regulation contains DD Form 214
item-by-item preparation instructions.  The instructions for Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) states, in pertinent part, that all awards and decorations for
all periods of service will be listed in the priority sequence specified in
the awards regulation and that each entry will be verified by the Soldier’s
records.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 5-4 contains
guidance on award of the Overseas Service Ribbon.  It states, in pertinent
part, that it is awarded for successful completion of overseas tours.  Tour
completion credit will be granted to Soldiers who serve less than the
normal prescribed overseas tour, and curtailment is for the convenience of
the Government and through no request from or fault of the Soldier.
Paragraph 9-30 contains guidance on authorization to accept and wear
foreign badges.  It states, in pertinent part, that  badges that are
awarded in recognition of military activities and by the military
department of the host country are authorized for acceptance and permanent
wear.  Commanders serving in the rank of brigadier general or higher are
delegated authority to approve the acceptance, retention, and permanent
wear of foreign badges.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the AAM, OSR and Spanish Armed Forces
Parachutist Badge should be included with the list of authorized awards and
decorations contained in Item 13 of his DD Form 214 was carefully
considered and found to have merit.

2.  The evidence of record confirms the applicant was awarded the AAM, for
meritorious service from 31 March through 21 September 1993.  It also
confirms that he completed a period of qualifying overseas service
necessary to receive the OSR.  Finally, the record confirms he was
authorized to accept and wear the Spanish Armed Forces Parachutist Badge by
proper authority.  Therefore, it would be appropriate to add these awards
to his record at this time.

BOARD VOTE:

___ALR _  ___REB _  ___RR __  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 his entitlement to the Army
Achievement Medal, Overseas Service Ribbon and Spanish Armed Forces
Parachutist Badge; and by issuing him a corrected separation document that
includes these awards.




            ____Allen L. Raub  ______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003049                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/24                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1993/09/22                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability with Severance Pay           |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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