RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  2 August 2007
	DOCKET NUMBER:  AR20070000921 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Curtis Greenway

Chairperson

Mr. Robert W. Soniak

Member

Ms. Karmin S. Jenkins

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, reconsideration of his request for award of Expert Infantryman Badge and Expert Marksmanship Qualification Badge with Tactical Optical Wire (TOW) Gunner Bar, along with correction of his records to show completion of the Combat Lifesaver course.  In addition, he now requests that the Army Achievement Medal and a Certificate of Achievement be added to his discharge document.

2.  The applicant states, in effect, that he was paralyzed and retired from active duty with a permanent physical disability and his mother essentially took care of the administrative aspects of out-processing him from the Army.  He also states, in effect, he believes clerical errors were made when his discharge document was prepared.  He adds that he originally submitted his request for correction of his records in 1998, but did not have the supporting documents at the time.  However, his mother found and sent his military records to him in 2006 and the applicant now requests reconsideration of his request.

3.  The applicant provides a copy of a DA Form 638 (Recommendation for Award), dated 9 April 1991; DA Form 4980-18 (Army Achievement Medal Certificate), dated 10 July 1991; Fort Bragg (FB) Form 1363 (82nd Airborne Division – Certificate of Achievement), dated 11 September 1989; DA Form
2442 (Certificate of Achievement), dated 19 December 1989; and DA Form 87 (Certificate of Training) with FB Overprint 2-10.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR1999017578, on
8 July 1999.

2.  The applicant is requesting correction of an alleged error which occurred on
13 April 1992, the date he was honorably retired from active duty.  The application submitted in this case is dated 7 January 2007.

3.  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.

4.  The applicant's military service records show that he enlisted in the U.S. Army Reserve (USAR) on 5 April 1988 and entered active duty in the Regular Army (RA) for a period of 4 years on 28 April 1988.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11H (Heavy Antiarmor Weapons Crewman).  The applicant subsequently completed basic airborne training at the U.S. Army Infantry School, Fort Benning, Georgia.  The applicant served continuously on active duty, attained the rank of specialist (SPC)/pay grade E-4, and was honorably retired due to permanent physical disability on 13 April 1992 after completing a total of 3 years, 11 months, and 16 days net active service during this period.

5.  The applicant's military service records contain a copy of a DA Form 2-1 (Personnel Qualification Record).  Item 5 (Oversea Service) of this document shows that the applicant served 8 months in Saudi Arabia, from 17 August 1990 to 8 April 1991, and 1 month in Panama, from 20 December 1989 to 12 January 1990.  Item 9 (Awards, Decorations and Campaigns) of the DA Form 2-1 shows that the applicant was awarded the Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal with Arrowhead, Southwest Asia Service Medal with 2 bronze service stars, Army Service Ribbon, Combat Infantryman Badge, Parachutist Badge with bronze service star, Sharpshooter Marksmanship Qualification Badge with TOW Gunner Bar, and Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.  Item 35 (Record of Assignments) of the DA Form 2-1 shows, in pertinent part, that the applicant was assigned to Company D, 2nd Battalion, 504th Parachute Infantry Regiment, 82nd Airborne Division, Fort Bragg, North Carolina, from 22 September 1988 through 7 July 1991.  This item also shows he was assigned to Headquarters and Headquarters Company, 1st Brigade,
82nd Airborne Division, Fort Bragg, North Carolina, from 8 July 1991 through
9 October 1991.

6.  The applicant's military service records contain a copy of Headquarters,
82nd Airborne Division, Fort Bragg, North Carolina, Permanent Orders 171-83, dated 11 September 1989, which show, in pertinent part, that the applicant was awarded the Expert Infantryman Badge.

7.  The applicant's military service records contain a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 13 April 1992, along with a DD Form 215 ( Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 15 October 1999. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this document, as corrected by the DD Form 215, shows he was awarded the Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Southwest Asia Service Medal, Kuwait Liberation Medal - Saudi Arabia, Kuwait Liberation Medal – Kuwait, Army Service Ribbon, Combat Infantryman Badge, Parachutist Badge with 1 bronze service star, Sharpshooter Marksmanship Qualification Badge with TOW Gunner Bar, and Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.  Item 14 (Military Education) of the applicant's DD Form 214 shows that he completed the 13-week Heavy Antiarmor Weapons Infantryman Course and the 3-week Basic Airborne Course in 1988.

8.  In support of his application, the applicant provides a copy of a DA Form 638, dated 9 April 1991 and DA Form 4980-18, dated 10 July 1991, which show that Headquarters, 2nd Battalion, 504th Parachute Infantry Regiment, 82nd Airborne Division, Fort Bragg, North Carolina, Permanent Order Number 4-33, dated
29 May 1991, awarded the applicant the Army Achievement Medal for meritorious achievement as a Driver and Radio Transmission Operator for the period 1 August 1990 to 17 January 1991.  The applicant also provides a copy of an FB Form 1363, dated 11 September 1989, which shows he successfully completed the Expert Infantryman Badge Test and was awarded the Expert Infantryman Badge.  The applicant further provides a DA Form 2442, dated
19  December 1989, which shows he was awarded a Certificate of Achievement for outstanding achievement and superb performance of duty as a TOW Gunner from 27 October 1989 to 7 November 1989 and a Certificate of Training that shows he successfully completed the 44-hour Combat Lifesaver course during the period 10 - 13 October 1989.

9.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

10.  Headquarters, Department of the Army, General Orders Number 2, dated
16 January 1991, announced the confirmation of campaign participation credits for operations in Panama and instructs that the General Order may be cited for authority for such entries in individual personnel records.  This document also shows, in pertinent part, that the 2nd Battalion, 504th Infantry, was cited for campaign participation in Operation Just Cause, from 20 December 1989 to
21 January 1990.


11.  Headquarters, Department of the Army, General Orders Number 31, dated 30 November 1992, announced the confirmation of units designated by the Senior Army Commander in the theater of operations as having participated in a parachute, amphibious, or helicopter assault landing and instructs that the General Order may be cited for authority for such entries in individual personnel records.  This document also shows, in pertinent part, that the 2nd Battalion, 504th Infantry, was cited for a parachute assault landing from 0113 – 0115 hours (inclusive), on 20 December 1989, at Torrijos-Tocumen Airport, Panama.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for the Southwest Asia Conflict.  This document shows that the applicant participated in the Defense of Saudi Arabia and Liberation and Defense of Kuwait campaigns; a total of 2 campaigns.

13.  The Headquarters, U.S. Army Human Resources Command, Military Awards Branch website at: https://www.hrc.army.mil/site/active/TAGD/awards/index.htm
lists the unit awards received by units serving in the Southwest Asia Conflict. This document shows that, at the time of the applicant's assignment to Headquarters and Headquarters Company, 1st Brigade, 82nd Airborne Division, the unit was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 25, dated
8 June 2001.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal 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 participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.

16.  Army Regulation 600-8-22 also provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, European-African-Middle Eastern Campaign Medal, Korean Service Medal, Vietnam Service Medal, and Armed Forces Expeditionary Medal.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Southwest Asia Service Medal is awarded for service in the Persian Gulf War to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 through 30 November 1995.  

18.  Army Regulation 600-8-22 also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, which includes the Southwest Asia Service Medal.

19.  Army Regulation 600-8-22, paragraph 8-8, provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

20.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

21.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.


22.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

23.  Army Regulation 600-8-22, in pertinent part, states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for awards and decorations (emphasis added) by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a Certificate of Achievement of local design.  The Military Awards regulation also states that copies of Certificates of Achievement citing the service recognized will be distributed for filing in the Official Military Personnel File.

24.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes policies, operating tasks, and steps governing the Official Military Personnel File (OMPF); Military Personnel Records Jacket; Career Management Individual File; Personnel Qualification Record (PQR); Enlisted/ Officer Record Brief (ERB/ORB); and Military Personnel Information Management as a work category.  Table 2-1 (Composition of the Official Military Personnel File) lists the documents authorized for filing in the OMPF and, in pertinent part, instructs only certificates issued by activities listed in DA Pamphlet 351-4 (U.S. Army Formal Schools Catalog) will be filed in the OMPF.

25.  Army Regulation 670-1 governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. For Persian Gulf service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in the Persian Gulf from 17 January 1991 to 31 August 1993 for Operation Desert Storm.  Both the month of arrival and the month of departure from Operation Desert Storm are counted as whole months for credit toward the Overseas Service Bar.  This Army regulation also provides special provisions regarding authorization for the Overseas Service Bar for service of less than 6 months duration in a hostile fire zone, for combining service (which otherwise meets the requirements for the award of overseas service bars), and how to calculate award of the bars.  This document shows that adding the number of months to determine creditable service toward the total number of overseas service bars is authorized for, in pertinent part, Operation Just Cause and Operation Desert Storm.

26.  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.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the PQR, ERB/ORB, or any other document authorized for filing in the OMPF.
This document provides, in pertinent part, for Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) entries will be for all periods of service and to check the Soldier’s service records for the validity of awards and decorations.  This document also provides, in pertinent part, for Item 14 (Military Education), from the ERB/ORB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and instructs to include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the course description in DA Pamphlet 351-4 to determine its usefulness to the Soldier after transitioning from the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show award of the Army Achievement Medal, Expert Infantryman Badge, Expert Marksmanship Qualification Badge with TOW Gunner Bar, a Certificate of Achievement, and completion of the Combat Lifesaver course.

2.  Permanent Orders awarded the applicant the Army Achievement Medal. Therefore, he is entitled to correction of his records to show this award.

3.  General Orders announced the confirmation of campaign participation of the applicant’s unit for Operation Just Cause in Panama.  General Orders also cited the applicant’s unit for a parachute assault landing during Operation Just Cause. Therefore, the applicant is entitled to correction of his records to show award of the Armed Forces Expeditionary Medal with Arrowhead device.

4.  Records show that the applicant served in 2 campaigns in the Southwest Asia Conflict.  Therefore, he is entitled to correction of his records to show award of
2 bronze service stars to be affixed to his Southwest Asia Service Medal.

5.  Permanent Orders awarded the applicant the Expert Infantryman Badge. Therefore, he is entitled to correction of his records to show this badge.
6.  The evidence of record shows that the applicant qualified for award of the Sharpshooter Marksmanship Qualification Badge with TOW Gunner Bar.  There is no evidence of record, and the applicant fails to provide documentary evidence, that shows he was awarded the Expert Marksmanship Qualification Badge with TOW Gunner Bar.  Therefore, the applicant is not entitled to correction of his records to show the Expert Marksmanship Qualification Badge.

7.  Headquarters, Department of the Army, General Orders, awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show this unit award.

8.  Records show that, for purposes of award of the Overseas Service Bar, the applicant is credited with serving 2 months in Operation Just Cause and
4 months in Operation Desert Storm, for a combined total of 6 months.  Therefore, he is entitled to correction of his records to show award of 1 Overseas Service Bar.

9.  Records show the applicant was awarded a DA Form 2442 (Certificate of Achievement), dated 19 December 1989.  The evidence of record also shows that the DA Form 2442 is not authorized as entry in Item 13 of the DD Form 214. Therefore, the applicant is not entitled to correction of his DD Form 214 to show this document.  However, based on the governing regulatory authority, a copy of the DA Form 2442 will be filed in his OMPF.

10.  Army Regulation 635-5 provides that formal in-service training courses successfully completed during the period of service covered by the
DD Form 214 will be listed in Item 14 (Military Education) of the document; however, it also states that training courses for combat skills will not be listed.  The Combat Lifesaver course is clearly a training course for combat skills.  Therefore, it is not appropriate to list this training course in Item 14 of the applicant's DD Form 214 nor is the DA Form 87 authorized to be filed in his OMPF.  However, the applicant is advised that this Record of Proceedings, along with his application and the accompanying enclosures he submitted, will be filed in his military service records.

11.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 April 1992; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
12 April 1995.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___CG___  ___RWS_  ___KSJ _ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR1999017578, dated 8 July 1999.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 the Armed Forces Expeditionary Medal and Southwest Asia Service Medal; and

	b.  adding to his DD Form 214 the Army Achievement Medal, Armed Forces Expeditionary Medal with Arrowhead, Southwest Asia Service Medal with 2 bronze service stars, Expert Infantryman Badge, Meritorious Unit Commendation, and 1 Overseas Service Bar.

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 the Expert Marksmanship Qualification Badge with TOW Gunner Bar, Certificate of Achievement, and Combat Lifesaver course.




____Curtis Greenway_____
          CHAIRPERSON


INDEX

CASE ID
AR20070000921
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/08/02
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19920413
DISCHARGE AUTHORITY
AR 635-40, Paragraph 4-24b(1)
DISCHARGE REASON
Physical Disability, Permanent
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0025.0000
2.
107.0112.0000
3.
110.0000.0000
4.

5.

6.