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ARMY | BCMR | CY2004 | 2004100558C070208
Original file (2004100558C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 September 2004
      DOCKET NUMBER:   AR2004100558


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Luther L. Santiful            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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, correction DD Form 214 (Certificate
of Release or Discharge from Active Duty) to show award of the Army
Commendation Medal (ARCOM), North Atlantic Treaty Organization (NATO) Medal
and the Mechanic Badge.

2.  The applicant states the above medals are not shown on his DD Form 214.

3.  The applicant provides in support of his request a copy of the
certificate showing award of the ARCOM, a copy of his DD Form 214, and
MILPERCEN Message NR 99-157 which authorizes award of the Armed Forces
Expeditionary Medal.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant served honorably in the Regular Army (RA)
from 8 August 1996 to 23 February 1999.   On 24 February 1999, while
assigned B Company, 115th Forward Support Battalion (FSB), 1st Cavalry
Division Comanche Base, Bosnia, the applicant reenlisted in the RA for 2
years his previous military occupational specialty (MOS) 63W (Wheel Vehicle
Mechanic) 6 months stabilization at Fort Hood, Texas beginning on the same
date (24 February 1999) and in pay grade E-4.

2.  On 23 February 2001, the applicant was honorably released from active
duty at the Army Separation Center – Fort Hood and transferred to the
United States Army Reserve Control Group, St. Louis, Missouri.  The
applicant's DD Form 214, Item 13 (Decorations, Medals, Badges, Citations
and Campaign Ribbons Awarded or Authorized) shows he was awarded the ARCOM,
Good Conduct Medal, Army Service Ribbon, Army Lapel Button, the Expert
Marksmanship Qualification Badge with Grenade Bar and the Expert
Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant provided an award certificate which show he was awarded
the ARCOM by Permanent Orders Number 94-04, Headquarters 115th FSB, 1st
Cavalry Division, Fort Hood awarded the him the ARCOM for meritorious
service in conjunction with his duties as a wheel vehicle mechanic while
assigned to Company B, 115th FSB, 1st Cavalry Division for the period from
5 January to
10 February 2000.  His certificate is signed by the lieutenant colonel of
the 115th Forward Support Battalion (FSB) and is dated 3 April 2000.  This
appears to be the ARCOM that is shown on the applicant's DD Form 214.


4.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the Good Conduct Medal, service medals and service ribbons, combat
and special skill badges and tabs, unit decorations, and trophies and
similar devices awarded in recognition of accomplishments.  It provides
that:

      a.  The ARCOM may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

      b.  The Driver and Mechanic Badge is awarded to individuals who
qualify for and possess a U.S. Government Motor Vehicles Operator’s
Identification Card and occupy a duty position with the title of driver or
assistant driver for a minimum of 12 consecutive months or during 8000
miles.  The individual must have no Army motor vehicle accident or traffic
violation recorded on the Equipment Operator’s Qualification Record, and
the individual must perform satisfactorily for a minimum of 1 year as an
active qualified driver instructor or motor vehicle driver examiner.

      c.  The NATO Medal is authorized by the Secretary General of NATO for
specific NATO operations.  In accordance with Executive Order 11446, the
Secretary of Defense, with the concurrence of the Secretary of State, may
approve acceptance for operations and authorize US Service members who meet
the criteria specified by the Secretary General of NATO the wear of the
NATO Medal.  The acceptance of the NATO Medal has been approved for US
Military personnel who serve under NATO Command or operational control in
direct support of NATO operations in the former Republic of Yugoslavia, or
as designated by Supreme Allied Commander, Europe (SACEUR), from 1 July
1992 through a future date to be determined.

      d.  The AFEM is awarded for qualifying service after 1 July 1958 in
U.S. military operations, U.S. operations in direct support of the United
Nations, and U.S. operations of assistance for friendly, foreign nations.
Qualifying service for this award includes the requirements to:  be a bona
fide member in a unit and to be engaged in the operation, or serve in the
area of operations for 30 days; be engaged in direct support of the
operation for 30 consecutive or 60 nonconsecutive days, provided support
involves entering the area of operations; be engaged in combat; participate
as a member of an aircraft flying in support of the operation; or be
recommended or attached to a unit recommended for award of the medal if the
above criteria have not been met.  The designated military operations and
dates of eligibility for this award are specified in Army Regulation 600-8-
22.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 already shows the ARCOM and there is no
evidence available to support a second award.

2.  The applicant did not request award of the AFEM, however, he provided a
MILPERCEN message, which suggests that he is contending he is qualified for
award of the AFEM for his service in Bosnia.  The exact dates of the
applicant's Bosnia service are unknown.

3.  The applicant may be awarded:

      a.  The AFEM, if he provides the Board proof that shows he has met the
requirements of paragraph 4(d).


      b.  The Driver Mechanic Badge, if he can provide proof that shows has
fulfilled the requirements of paragraph 4(b); and

      c.  The NATO Medal, if he can show that he served under a NATO
Commander or operational control in direct support of NATO and the dates of
that service.

4.  The applicant has provided no basis for granting either of the awards
that he has requested, however, he may reapply to the Board at anytime that
he can provide the exact dates that he served in Bosnia and evidence that
shows he has fulfilled the requirements for receipt of the awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__lls___  __jtm___  __mjnt___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                 Luther L. Santiful
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100558                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040916                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0072                                |
|2.                      |107.0126                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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