RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060012287 


	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.



	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 he be awarded the Combat Medical Badge (CMB), the Overseas Service Ribbon (OSR), the Driver’s Badge and that his records be corrected to reflect his qualifications with the machinegun and hand grenade, his award of the Army Commendation Medal (ARCOM), the Armed Forces Reserve Medal (AFRM) with “M” Device, his inactive service in the delayed entry program (DEP), his correct Social Security Account Number (SSAN), and his attendance at the law enforcement course and the medical specialist course.
  
2.  The applicant states, in effect, that he was a qualified medic when he served in Southwest Asia (SWA) and while he was not assigned to an infantry unit, he performed the duties of a combat medic and should have been awarded the CMB.  He goes on to state that he should have been awarded the OSR for his service in SWA and the driver’s badge due to his duties as a military policeman.  He also states that he was awarded the ARCOM and that he qualified with the machinegun and the hand grenade and those awards are not reflected on his DD Form 214.  He also states that his AFRM with “M” Device is also not reflected on his DD form 214 as are his attendance at the law enforcement and medical specialist courses.  Additionally, his SSAN is incorrectly reflected on his DD Form 214, that the last two digits should be “43.”  

3.  The applicant provides a copy of his ARCOM orders, orders that order him to active duty from 11 December 1990 to 8 June 1991, copies of his DD Forms 214 and 215, a letter of reference indicating that he performed military policeman (MP) duties from April 1985 to October 1986, orders discharging him from the United States Army Reserve (USAR) on 20 January 1993, a completion certificate from the medical specialist course in January 1990, a copy of his birth certificate, and SSAN Card. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 4 June 1991.  The application submitted in this case is dated 18 August 2006.

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 enlisted in the United States Army Reserve (USAR) on 7 September 1984 for a period of 8 years under the Delayed Entry Program (DEP).  He enlisted in the Regular Army on 23 November 1984 for a period of 2 years and training as a military policeman (MP).  He acknowledged at that time that he understood that his time in the DEP was creditable only for pay purposes. Additionally, he further indicated in his own handwriting that the last two digits of his SSAN were 56.  All of his records indicate that the last two digits of his SSAN was “56” during his service.

4.  He completed his one-station unit training (OSUT) at Fort McClellan, Alabama and was transferred to Fort Riley, Kansas for duty as an MP.  He was credited with 16 weeks of MP training and qualified expert with the M16 rifle and 45 caliber pistol.  He qualified as a sharpshooter with the hand grenade.

5.  He remained at Fort Riley until he was honorably released from active duty (REFRAD) on 22 November 1986, due to the expiration of his term of service.  He was transferred to the USAR Control Group (Annual Training) to complete his statutory service obligation.  He subsequently transferred to a Troop Program Unit in Chattanooga, Tennessee and attended 91A – Medical Specialist Training while at that unit.  He was awarded the primary military occupational specialty (PMOS) of 91A on 18 May 1990.  However, his records do not indicate the actual number of hours or full weeks the course entailed.  His 22 November 1986
DD Form 214 issued at the time of his REFRAD indicates that he was awarded the Marksman Marksmanship Badge with M16 rifle bar, the Sharpshooter Marksmanship Qualification Badge with hand grenade bar, the Expert Marksmanship Qualification Badge with .45 caliber pistol bar, and the Army Service Ribbon.  It also indicates that he held MOS 95B for 1 year and 8 months.  
6.  He was ordered to active duty with his unit in support of Operation Desert Shield/Storm from 9 January 1991 through 8 May 1991.  He deployed to SWA with a combat support hospital during this deployment and was awarded the ARCOM in July 1991. 

7.  He was honorably REFRAD on 4 June 1991 and was returned to his unit.  His DD Form 214 issued at the time of his REFRAD shows that the last two digits of his SSAN was “56”, that his Reserve Obligation Termination Date was 6 September 1992, 8 years after his enlistment.  His DD Form 214 also indicates no military education courses, that he possessed MOS’ 91A and 95B for 6 months.  It also shows that he was awarded the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Expert Marksmanship Badge with M16 rifle and .45 caliber pistol bar, the Army Achievement Medal, the Good Conduct Medal, the Army Reserve Components Achievement Medal, the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation Medal.  A review of the available records fails to show any qualifications with a machinegun.

8.  The applicant was honorably discharged from the USAR on 20 January 1993.

9.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

10.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

11.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message Number 96-196, provides for award of the Armed Forces Reserve Medal (AFRM).  It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit toward this award but does not constitute a break in service.  The Ten-year Device (hourglass with Roman numeral “X”) is authorized for wear on the AFRM to denote each succeeding 10-year period of Reserve Component service.  The first 10 years is denoted by a bronze hourglass, the second 10-year period of Reserve Component service is denoted by a silver hourglass and the third by a gold hourglass.  Forty years of Reserve Component service is recognized by a gold hourglass followed by a bronze hourglass on the AFRM.  The “M” Device will be worn on the AFRM to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.  The “M” Device may only be awarded to individuals who have qualified for award of the Armed Forces Reserve Medal.
12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.  Paragraph 8-7c(1) of Army Regulation 600-8-22 provides that subsequent to 18 September 2001, medical personnel assigned or attached to or under operational control of any ground Combat Arms unit (not to include members assigned or attached to Aviation units) of brigade or smaller size, who satisfactorily performed medical duties while the unit is engaged in active ground combat, provided they are personally present and under fire.  Retroactive awards under this criteria are not authorized for service prior to 18 September 2001.

13.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  A normal tour in SWA requires a minimum completion of 12 months.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the CMB has been noted.  However, he has failed to show through the evidence submitted or the evidence of record that he served as a medic with a ground combat unit during combat while deployed to SWA.  Therefore, absent such evidence, there is no basis to award him the CMB at this time.

2.  The applicant’s contention that he should be awarded the OSR for his service in SWA has also been noted and found to be without merit.  A normal tour necessary for award of the OSR is 12 months and the applicant only served 4 months in SWA.  Accordingly, he is not entitled to award of the OSR.    

3.  The applicant’s contention that he should have been awarded the Driver’s Badge for his performance as an MP during his enlistment of 1984 to 1986 has also been noted.  However, he has failed to show through the evidence submitted or the evidence of record, sufficient evidence to establish his qualifications for that award.

4.  The applicant’s contention that he is entitled to award of the AFRM with “M” Device also appears to be without merit.  There is no evidence to show that he served 10 qualifying years in the Reserve Components necessary to qualify for award of the AFRM.

5.  The applicant’s contention that his SSAN is incorrectly reflected on his separation documents has been noted.  However, all of the applicant’s records during the periods he served have the SSAN ending in “56”, to include those documents completed in the applicant’s own handwriting.  Therefore, absent an explanation from the Social Security Administration as to why he served under a SSAN that is different from the SSAN he now presents, there appears to be no basis to alter the records to show that he served under a different SSAN.

6.  The applicant’s contention that he should be awarded a qualification badge for the machinegun has been noted.  However, he has failed to show through the evidence submitted or the evidence of record that he qualified with that weapon.   
7.  The applicant’s contention that his DD Form 214 should reflect his training as a medical specialist has been noted; however, there is insufficient evidence to establish the exact duration of this course and lacking such evidence, there appears to be no basis to add that course to his DD Form 214 at this time.

8.  The applicant’s contention that he should be credited for service in the DEP has been noted and found to be without merit.  The applicant acknowledged at the time of his enlistment that his time in the DEP was creditable for pay purposes only.  Accordingly, he is not entitled to service credit for that period. 

9.  However, the evidence of record does establish that he completed Law Enforcement Training for a period of 16 Weeks in April 1985, that he possessed MOS 95B10 for 1 year and 8 months and that he possessed MOS 91A for a period of 2 years and 9 months.  Accordingly, his DD Form 214 should be corrected to reflect that information.

10.  The evidence of record also shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with grenade bar and the ARCOM.  Therefore, his records should be corrected accordingly.

11.  In regards to his service in SWA, the applicant is entitled to both the KLM-K and the KLM-SA.  Accordingly, his records should be corrected to reflect both awards of the KLM.     

12.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 June 1991; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 3 June 1994.  The applicant did not file within the 3-year statute of limitations; however, based on the available (evidence or argument), it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__  __  ___ __  ____  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:

a.   by showing that he completed 16 weeks of Law Enforcement Training in April 1985;

b.  by showing that he served in MOS 91A for a period of 2 years and 9 months and in MOS 95B for 1 year and 8 months;

c.  by showing that he was awarded the Sharpshooter Marksmanship Qualification Bar with grenade bar and the ARCOM; and

d.  by showing that he is entitled to awards of the KLM-K and the KLM-SA.   
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 CMB, the OSR, the Driver’s Badge, the AFRM with “M” Device, completion of the medical specialist course, service credit for time in the DEP, and a change of his SSAN.  




____________
          CHAIRPERSON




INDEX

CASE ID
AR20060012287
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070227
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(partial GRANT)
REVIEW AUTHORITY

ISSUES         1.107.0000
46/dec
2.110.0000
189/corr 214
3.

4.

5.

6.