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ARMY | BCMR | CY2004 | 2004100249C070208
Original file (2004100249C070208.doc) Auto-classification: Approved





                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 June 2004
      DOCKET NUMBER:   AR2004100249


      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. Beverly A. Young              |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Mr. Lawrence Foster               |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Army
Achievement Medal (AAM), the Good Conduct Medal (GCMDL), the National
Defense Service Medal (NDSM) with bronze service star, the Armed Forces
Expeditionary Medal (AFEM), the Armed Forces Service Medal (AFSM), the
Kosovo Campaign Medal (KCM), the North Atlantic Treaty Organization (NATO)
Medal, and in effect, the Driver and Mechanic Badge with Driver-W Bar.  He
also requests correction of his records to show he completed the Combat
Lifesaver Course.

2.  The applicant states that he was at his last station on 22 December
2000 clearing before he went on terminal leave.  He received his DD Form
214 and noticed that block 13 (Decorations, Medals, Badges, Citations and
Campaign Ribbons Awarded or Authorized) only read "Army Lapel Button//Army
Service Ribbon."  He was informed by personnel in the Rivers Building at
Fort Hood, Texas that his DD Form 214 could not be corrected until after
block leave because it was the last working day before Christmas block
leave and the day he started terminal leave.  However, he could not wait
until leave was over because he was enrolled in college during the same
time frame.

3.  The applicant provides a copy of his DD Form 214, a DA Form 638
(Recommendation for Award), his award certificate for the AAM, a Memorandum
for Record, six internet listings of United States Army Service Medals, a
certificate for award of the NATO Medal, a Certificate of Participation in
support of Operation Joint Forge, and a Certificate of Training.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 March 1998 for a
period of three years.  He completed the required training and was awarded
military occupational specialty 11M (Fighting Vehicle Infantryman).

2.  The applicant successfully completed the Combat Lifesaver Course given
at Fort Hood, Texas during the period 16 to 20 November 1998.

3.  The applicant was awarded the NATO Medal for service in support of
Operation Joint Forge in the former Republic of Yugoslavia during the
period 23 February 1999 to 20 September 1999.

4.  The applicant was awarded an undated Certificate of Participation for
outstanding performance in support of Operation Joint Forge in Bosnia-
Herzegovina.

5.  The applicant was promoted to specialist on 1 February 2000.
6.  The applicant's DA Form 638 dated 25 October 2000 shows he was
recommended for award of the AAM as an end of tour award for meritorious
service from 21 July 1998 to 16 January 2001.  Part V (Orders Data) of this
DA Form 638 shows he was issued award of the AAM based on Headquarters, 1st
Battalion, 5th Cavalry Regiment, Fort Hood, Texas Permanent Orders Number
323-01 dated 20 November 2000.

7.  The applicant's DA Form 638, Part III (Justification and Citation Data)
states, in part, that while the applicant was deployed in Bosnia-
Herzegovina, he prepared for combat operations effectively and efficiently
during several combat alerts during the air campaign Operation Allied Force
in Yugoslavia.  Under Achievement Number 3 of Part III, it states that the
applicant served as a rifleman, wheeled vehicle driver, and M2A2 Bradley
Fighting Vehicle (BFV) driver.

8.  The applicant was honorably released from active duty on 16 January
2001 under the provisions of Army Regulation 635-200, paragraph 5-17 to
attend school.  He had completed 2 years, 9 months and 29 days active
military service with no days of lost time.

9.  The applicant's DD Form 214 shows he was awarded the Army Lapel Button
and the Army Service Ribbon.

10.  The Memorandum for Record dated 12 April 2001 from the unit commander
of Charlie Company, 1st Battalion, 5th Cavalry Regiment, Fort Hood, Texas
stated that the applicant was entitled to receive his first award of the
GCMDL with a date of eligibility of 16 January 2001.

11.  The applicant is currently serving in the Active Guard Reserve in the
rank of sergeant.

12.  MILPER Message Number 99-157 announced the extension of Section 572,
National Defense Authorization Act, FY98, November 1997, to allow award of
either the AFEM or the AFSM to service members participating in Operation
Joint Forge effective 21 June 1998 to a date to be determined.  Award of
the AFEM is limited to only those participants in or providing direct
support to Operation Joint Forge who are or were deployed in the countries
of Bosnia-Herzegovina and Croatia, aboard US Naval Vessels operating in the
Adriatic Sea, and their respective air space.  Award of the AFSM is limited
to only those participants in or providing direct support to Operation
Joint Forge who are or were deployed in Slovenia, Montenegro, Macedonia,
Serbia, and Hungary; and their respective air space.  Unlike the AFEM and
AFSM authorized for Operation Joint Endeavor and Operation Joint Guard, no
service member will be awarded both the AFEM and the AFSM for participation
or direct support of Operation Joint Forge, under any circumstance.
13.  MILPER Message Number 00-180 approved establishment of the KCM for
service in support of Operations Allied Force, Joint Guardian, Allied
Harbor, Sustain Hope/Shining, Noble Anvil, or Task Force Hawk, Task Force
Saber, or Task Force Hunter with the Kosovo Air Campaign or the Kosovo
Defense Campaign.  The Kosovo Air Campaign began on 24 March 1999 and ended
on 10 June 1999.  The Kosovo Defense Campaign began on 11 June 1999 and
will end on a date to be determined.  To be eligible for award of the KCM
an individual must be in a unit participating in or directly supporting the
operation for 30 consecutive days or 60 nonconsecutive and/or meet other
established criteria.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the NDSM is
awarded for honorable active service for any period between 27 July 1950
through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990
through 30 November 1995 and 11 September 2001 to a date to be determined.
The regulation provides that the second award of the NDSM is denoted by a
bronze service star affixed to the service ribbon.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part
for award of the Driver and Mechanic Badge.  To receive award, the
individual must qualify for and possess a U.S. Government Motor Vehicles
Operator’s Identification Card, occupy a duty position with the title of
driver or assistant driver for a minimum of 12 consecutive months or during
8000 miles have no Army motor vehicle accident or traffic violation
recorded on the Equipment Operator’s Qualification Record, and must perform
satisfactorily for a minimum of one year as an active qualified driver
instructor or motor vehicle driver examiner.

16.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution of the DD Form 214.  In pertinent part it
states that item 14 (military education) will list formal in service
training courses of 40 hours or more successfully completed during the
period of service covered by title, length in weeks, and month and year
completed.  This information is to assist the soldier after separation in
job placement and counseling; therefore, training courses for combat skills
are not listed.

17.  Informal research revealed that the Combat Lifesaver course is a basic
medical care course for unit nonmedical personnel.

18.  Army Regulation 600-8-22 provides that the GCMDL is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years except in those cases when the period for the first award
ends with the termination of a period of Federal military service.
Although there is no automatic entitlement to the GCMDL, disqualification
must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the AAM as an
end of tour award for meritorious achievement from 21 July 1998 to 16
January 2001. Therefore, the AAM should be added to his DD Form 214.

2.  The evidence of record shows the applicant completed 2 years, 9 months
and 29 days of honorable service from 18 March 1998 to 16 January 2001 and
was promoted to specialist.  There is no record of indiscipline and no days
of lost time.

3.  The Memorandum for Record, dated just 3 months after his separation,
from the applicant's unit commander was carefully reviewed.  Although this
memorandum was dated after the applicant was released from active duty, it
indicates that he was eligible for the first award of the GCMDL with an
eligibility date of 16 January 2001 (date of release from active duty).

4.  Based on the unit commander's Memorandum for Record, it has been
determined that it would be equitable to award the applicant the GCMDL for
the period 18 March 1998 to 16 January 2001.  Therefore, his DD Form 214
should be corrected to show this award.

5.  The applicant did not serve a period of qualifying service for award of
the NDSM.  Therefore, there is no basis for granting his request for the
NDSM with bronze service star.

6.  The evidence of record shows the applicant served in Bosnia in support
Operation Joint Forge from 23 February 1999 to 20 September 1999.
Therefore, he is entitled to award of the AFEM and correction of his DD
Form 214 to show this award.

7.  Guidance provided by MILPER Message 99-157 directed that no service
member would be awarded both the AFEM and the AFSM for participation or
direct support of Operation Joint Forge.  Therefore, there is no basis for
granting his request for award of the AFSM.

8.  The applicant's Recommendation for Award (DA Form 638) of the AAM
indicates that he prepared for combat operations during the air campaign
Operation Allied Force while deployed in Bosnia-Herzegovina.  Based on this
evidence, it would be appropriate to award the applicant the KCM.
Therefore, his DD Form 214 should be corrected to show this award.

9.  The evidence of record shows the applicant was awarded the NATO Medal
for service in support of Operation Joint Forge from 23 February 1999 to
20 September 1999.  His DD Form 214 should be amended to show the NATO
Medal.

10.  The evidence of record shows the applicant served as a wheeled vehicle
driver and an M2A2 BFV driver as a member of the C Company, 1st Battalion,
5th Cavalry Regiment.  However, there is no evidence which indicates that
he served a minimum of one year as an active qualified driver instructor or
motor vehicle driver examiner as required by regulation for award of the
Driver and Mechanic Badge.

11.  The applicant's Certificate of Training shows he successfully
completed the Combat Lifesaver Course.  It appears that the Combat
Lifesaver Course was a basic medical care course for nonmedical unit
personnel.  Since it was not strictly a combat training course, it would be
appropriate to add this course to his DD Form 214.

BOARD VOTE:

JS________  JM_____  LF______  GRANT 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:

      a.  by awarding him the GCMDL for the period 18 March 1998 to
16 January 2001;

      b.  by showing he was awarded the AAM, the GCMDL, the AFEM, the NATO
Medal and the Kosovo Campaign Medal; and

      c.  by amending item 14 (Military Education) on his DD Form 214 to
show the entry "Combat Lifesaver Course, 1 Week, November 1998."

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 NDSM
with bronze service star, the AFSM and the Driver and Mechanic Badge with
Driver-W Bar.




            John Slone____________
                    CHAIRPERSON
.

                                    INDEX

|CASE ID                 |AR2004100249                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040622                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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