RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           30 June 2005
      DOCKET NUMBER:  AR20040006973


      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:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughessy        |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 his record and separation
document (DD Form 214) be corrected to reflect a second period of service
he completed in Southwest Asia (SWA), to include award of a 2nd bronze
service star with his SWA Service Medal, and by showing he earned Bahrain
Jump Wings.

2.  The applicant states, in effect, that a simple oversight by unit
administrative personnel resulted in the items in question being
erroneously omitted from his DD Form 214.

3.  The applicant provides the following documents in support of his
application: Recommendation for Award (DA Form 638), Foreign Certificate,
and Combined Special Operations Command Combined Training Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 15 July 1995.  The application submitted in this case is
dated
27 August 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 it determines 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 16 July 1991.  He was trained in, awarded and served
in military occupational specialty (MOS) 92Y1P (Unit Supply Specialist-
Parachutist), and the highest rank he attained while serving on active duty
was specialist (SPC).

4.  The applicant’s record contains a copy of a DA Form 638 that confirms
he was awarded the Army Achievement Medal (AAM), for meritorious
achievement while deployed in support of Operation Inherent Fury “93”
during the period
6 through 25 June 1993.  The DA Form 638 also shows the award was approved
by the commander, 1st Battalion, 5th Special Forces Group and was announced
in Permanent Orders Number 34801.
5.  The applicant’s record also contains a copy of a Memorandum from the
Adjutant, 5th Special Forces Group, 1st Special Forces, Fort Campbell,
Kentucky, dated 18 May 1994.  This memorandum authorized a group of
Soldiers, which included the applicant, the SWA Service Medal to reflect
their  duty in an imminent danger area from 1 October through 17 December
1993.

6.  On 15 July 1995, the applicant was honorably released from active duty
at the completion of his required active service.  The DD Form 214 he was
issued at the time confirms he held the rank of SPC and that he had
completed a total of
4 years of active military service.  Item 13 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded of Authorized) shows that he earned
the following awards during his active duty tenure:  Army Achievement Medal
(2nd Award), Army Lapel Button, Army Commendation Medal (2nd Award), Army
Good Conduct Medal, National Defense Service Medal, SWA Service Medal with
1 bronze service star, Army Service Ribbon, Expert Qualification Badge with
Rifle Bar, Parachutist Badge, and Driver and Mechanic Badge.  Item 18
(Remarks) contains an entry indicating that he served in SWA from 1 October
through
17 December 1993.

7.  The applicant’s provides a copy of a certificate that he claims awarded
him Bahrain Jump Wings (Bahrain Parachutist Badge).  However, this
certificate is written in Arabic and no translation was provided.  He also
provides a certificate of participation from the Combined Special
Operations Command, which indicates he participated in combined training
during the period 10 through
23 June 1993.  This certificate does not indicate the type of combined
training the applicant participated in.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  Paragraph 2-14 contains guidance on award of the SWA Service
Medal.  It states, in pertinent part, that it is awarded for service in SWA
on or after
2 August 1990 to 30 November 1995.  It further states that a bronze service
star is authorized with this award for each campaign a member was credited
with participating in while serving in SWA, which included Iraq, Kuwait,
Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.
9.  The awards regulation further indicates that the following three SWA
campaigns were designated for the periods indicated:  Defense of
Saudi Arabia (2 August 1990-16 January 1991), Liberation and
Defense of Kuwait (17 January-11 April 1991) and SWA Cease Fire
12 April 1991-30 November 1995).

10.  Paragraph 9-30 of the awards regulation contains guidance on award of
foreign badges.  It states, in pertinent part, that qualification and
special skill badges may be accepted if awarded in recognition of meeting
the criteria, as established by the foreign government concerned, for the
specific award.  Only those badges which are awarded in recognition of
military activities and by the military department of the host country are
authorized for acceptance and permanent wear.

11.  Appendix D of the awards regulation identifies foreign badges that are
authorized with the approval of the proper authority.  Badges which do not
meet the specified criteria may be authorized for acceptance but not for
wear, and will not be entered in the official military records of the
recipient.

12.  Paragraph 9-30 of the awards regulation further stipulates that
commanders (overseas and CONUS) 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 identified in appendix D, which includes
the Bahrain Parachutist Badge.  It also states the burden of proof rests on
the individual Soldier to produce valid justification for the requested
badge.

13.  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
provides instruction for the preparation and distribution of the DD Form
214.

14.  Chapter 2 of the separation documents regulation provides item-item
preparation instructions for the DD Form 214.  The instructions stipulate
that the following entry will be made in Item 18 (Remarks) to document the
overseas deployment of an active duty Soldier:  “SERVICE IN (NAME OF
COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his record and separation document
should reflect two separate periods of deployed service in SWA was
carefully considered and found to have merit.

2.  The evidence of record contains an approved award of the AAM the
applicant earned for a period of service in SWA from 6 through 25 June
1993.  As a result, it would be appropriate to amend the current Item 18
entry pertaining the applicant’s deployed overseas service in SWA by
replacing the current entry
with the following entry:  “SERVICE IN SOUTHWEST ASIA 19930606-19930625 AND
19931001-19931217”.

3.  The applicant’s claim that the Bahrain Parachutist Badge should be
added to his record was also carefully considered.  However, by regulation,
acceptance, retention and permanent wear of foreign badges must be approved
by a commander in the rank of brigadier general or higher and colonel level
commanders who exercise general court-martial authority.  Further, the
burden of proof to confirm entitlement to an authorized foreign badge rests
with the Soldier.

4.  The evidence of record and independent evidence provided by the
applicant in this case does not include an approval of his right to accept,
retain and permanently wear the Bahrain Parachutist Badge from the proper
authority.  In addition, the certificate provided by the applicant is
written in some form of Arabic and has no accompanying English translation.
 As a result, there is insufficient evidence to confirm the course
identified in the certificate actually satisfied the requirements of the
host nation and/or was actually the host nation’s authorization of the
Bahrain Parachutist Badge to the applicant.  Absent the approval of the
proper authority and/or evidence verifying the applicant completed the
necessary requirements to be awarded the Bahrain Parachutist Badge, there
is an insufficient evidentiary basis to support granting this requested
relief.

5.  The applicant’s claim that his additional service in SWA entitles him
to an additional bronze service star with his SWA Service Medal was also
carefully considered.  However, authorization for only 1 campaign (SWA
Cease Fire) was granted for the period 12 April 1991 through 30 November
1995.  This period encompasses both periods of the applicant’s SWA service.
 Further, his DD Form 214 already accurately reflects he earned 1 bronze
service star with his SWA Service Medal.  Therefore, the applicant’s record
and separation document accurately reflect the SWA campaign credit he is
entitled to based on both periods of his SWA service.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

___MMD_  ___TEO_  ___YM __  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 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 amending Item 18 of his
DD Form 214 by deleting
the current Southwest Asia deployed service entry and replacing with the
entry
“SERVICE IN SOUTHWEST ASIA - 19930606-19930625 AND 19931001-19931217”; and
by providing him a corrected separation document that includes this change.


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 Bahrain Parachutist Badge and authorization of an additional
bronze service star with his Southwest Asia Service Medal.




            ____Melinda M. Darby___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006973                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1995/07/15                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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