RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 November 2007
	DOCKET NUMBER:  AR20070008417 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry C. Bergquist

Member

Mr. Dale E. DeBruler

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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 23 May 1995 to show award of the Army Commendation Medal 3rd Oak Leaf Cluster with "V" Device, the Army Achievement Medal 3rd Oak Leaf Cluster, and item 11 (Primary Specialty) of his DD Form 214 to show the additional skill identifier (ASI) 11M20J300.  He further requests to add the Combat Infantryman Badge, the Kuwait Liberation Medal-Saudi Arabia, the Kuwait Liberation Medal-Kuwait, the Navy Unit Commendation, the Marine Corps Expeditionary Medal, the Silver German Marksmanship Badge, and the Bradley Fighting Vehicle Master Gunners Course to his DD Form 214.

2.  The applicant states, in effect, that when he out-processed at Fort Dix, New Jersey his orders for these awards were unavailable at that time.

3.  The applicant provides his DD Form 214; a DA Form 1059 (Service School Academic Evaluation Report), dated 14 July 1992; Headquarters (HQ), 3rd Brigade (Bde), 3rd Infantry Division Permanent Orders 63-1, dated 6 July 1987; HQ, 3rd Bde, 3rd Infantry Division Permanent Orders 75-14, dated 5 August 1987; HQ, 3rd Bde, 3rd Infantry Division Permanent Orders 143-8, dated            5 January 1988; HQ, 3rd Bde, 3rd Infantry Division Permanent Orders 19-20, dated 10 February 1988; HQ, 3rd Bde, 3rd Infantry Division Permanent Orders 117-9, dated 26 September 1988; HQ, U.S. Army Forces Central Command Permanent Orders 51-1, dated 21 March 1991; HQ, 3rd Bde, 1st Cavalry Division Permanent Orders 11-16, dated 29 May 1991, HQ, 1st (Tiger) Bde, 2nd Armored Division Permanent Orders 06-014, dated 10 July 1991; HQ, 1st Cavalry Division Amendment to Permanent Orders 143-8, dated 6 August 1991; HQ, 3rd Bde, 1st Cavalry Division Permanent Orders 44-67, dated 21 April 1992; HQ, Department of the Army General Orders Number 34, dated 30 December 1992; a Headquarters and Headquarters Company (HHC),1st Battalion, 9th Cavalry Regiment memorandum, dated 14 December 1992; a 1st Battalion, 9th Cavalry Regiment memorandum, dated 15 December 1992; and HQ, 3rd Bde, 1st Cavalry Division Permanent Orders 47-403, dated 28 April 1993.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 


3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 21 November 1985 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

3.  HQ, 3rd Bde, 3rd Infantry Division Permanent Orders 63-1, dated 6 July 1987, shows that the applicant was awarded the Army Achievement Medal for meritorious achievement during the period 14 May 1987 through 27 May 1987.

4.  HQ, 3rd Bde, 3rd Infantry Division Permanent Orders 75-14, dated 5 August 1987, shows that the applicant was awarded the Army Achievement Medal for meritorious achievement during the period 29 June 1987 through 8 July 1987.  HQ, 3rd Bde, 3rd Infantry Division Permanent Orders 19-20, dated 10 February 1988 amended Permanent Orders 75-14 to read Army Achievement Medal 1st Oak Leaf Cluster.

5.  HQ, 3rd Bde, 3rd Infantry Division Permanent Orders 143-8, dated 5 January 1988, shows that the applicant was awarded the Army Achievement Medal for meritorious achievement during the period 17 August 1987 through 5 September 1987.  HQ, 1st Cavalry Division Amendment to Permanent Orders 143-8, dated  6 August 1991 amended permanent Orders 143-8 to read Army Achievement Medal 2nd Oak Leak Cluster.

6.  HQ, 3rd Bde, 3rd Infantry Division Permanent Orders 117-9, dated               26 September 1988, shows that the applicant was awarded the Army Achievement Medal 3rd Oak Leaf Cluster for meritorious achievement during the period 19 June 1988 through 14 July 1988.

7.  The applicant was deployed in Support of Operation Desert Shield/Desert Storm.  He arrived in Southwest Asia assigned to HHC, 3rd Battalion, 1st (Tiger) Bde, 41st Infantry, 2nd Armored Division on or about 10 October 1990.


8.  The applicant departed Southwest Asia on or about 17 April 1991.

9.  HQ, 3rd Bde, 1st Cavalry Division Permanent Orders 11-16, dated 29 May 1991, shows that the applicant was awarded the Army Commendation Medal with "V" Device for heroism.

10.  HQ, 1st (Tiger) Bde, 2nd Armored Division Permanent Orders 06-014, dated 10 July 1991, shows that the applicant was awarded the Army Commendation Medal for meritorious service during the period 17 January 
1991 through 1 March 1991.

11.  HQ, 3rd Bde, 1st Cavalry Division Permanent Orders 44-67, dated 21 April 1992, shows that the applicant was awarded the Army Commendation Medal for meritorious performance on 8 April 1992.

12.  A DA Form 1059, dated 14 July 1992, shows that the applicant successfully completed the Bradley Fighting Vehicle Master Gunner course.  There are no orders in his military records that show he was awarded an ASI after completion of the course.

13.  HHC, 1st Battalion, 9th Cavalry, 1st Cavalry Division memorandum, dated 14 December 1992 shows that, at the time of the applicant’s assignment to the 3rd Battalion, 1st (Tiger) Bde, 41st Infantry, 2nd Armored Division, it was cited for award of the Navy Unit Commendation and the Marine Corps Expeditionary Medal.

14.  HQ, 3rd Bde, 1st Cavalry Division Permanent Orders 47-403, dated 28 April 1993, shows that the applicant was awarded the Army Commendation Medal 3rd Oak Leaf Cluster for meritorious service during the period 17 July 1991 though    5 March 1993.

15.  The applicant served Germany from Oct 1993 through May 1995.  There is no evidence in his records that show he was awarded the Silver German Marksmanship Badge.

16.  The applicant's last three Noncommissioned Officer Evaluation Reports (NCOER) for the periods January 1993 through September 1993, October 
1993 through March 1994, and March 1994 through February 1995 show his primary MOS as 11M20J300.  


17.  On 23 May 1995, the applicant was honorably released from active duty after completing 9 years, 6 months, and 3 days of creditable active service with no time lost.    

18.  His DD Form 214 with the period ending 23 May 1995 shows that he was awarded the Army Commendation Medal, the Army Achievement Medal 1st Oak Leaf Cluster, the Army Good Conduct Medal 2nd Award, the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Overseas Service Ribbon, the Southwest Asia Service Medal with 3 bronze service stars, the Combat Infantryman Badge, the Kuwait Liberation Medal, the Expert Marksmanship Qualification Badge (Grenade), and the Sharpshooter Marksmanship Qualification Badge (M-16).  Item 11 (Primary Specialty) shows the entry "11M200000."

19.  Army Regulation 611-201 (Enlisted Career Management Field and Military Occupational Specialties), in effect at that time, provided policy and criteria concerning ASIs that were authorized for use with military occupational specialties.  It stated that the character "J3"- Bradley Infantry Fighting Vehicle System Master Gunner- was used to identify Soldiers who had completed the Bradley Infantry Fighting Vehicle System Master Gunner Course.  

20.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 14 (Military Education), list in-service training course; title, number of weeks, year successfully completed during this period of service covered by the DD Form 214.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

21.  Army Regulation 600-8-22 (Military Awards) provides policy and criteria concerning foreign badges.  It states 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.  Commanders of major oversea commands reporting directly to Headquarters, Department of the Army, are delegated authority to approve the acceptance, retention, and permanent wear of such badges.  This authority may not be further delegated.  Only those badges which are awarded in recognition of military activities and the department of the host country are authorized for acceptance and permanent wear.  Badges 
which do not meet these criteria may be authorized for acceptance but not for wear, and will not be entered in the official military records of the recipient.

22.  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.

23.  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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Army Commendation Medal 3rd Oak Leaf Cluster with "V" Device and the Army Achievement Medal 3rd Oak Leaf Cluster.  These awards should be added to his DD Form 214.

2.  The applicant's DD Form 214 with the period ending 23 May 1995 already shows he was awarded the Combat Infantryman Badge.  

3.  The applicant did meet the eligibility criteria for award of the Kuwait Liberation Medal-Kuwait and the Kuwait Liberation Medal-Saudi Arabia.

4.  The applicant was assigned to a unit during a period of time the unit was awarded the Navy Unit Commendation and the Marine Corps Expeditionary Medal.  These awards should be added to his DD Form 214.

5.  Evidence of record shows that the applicant successfully completed the Bradley Fighting Vehicle Master Gunner course in July 1992.  However, Army Regulation 635-5 states that training courses for combat skills will not be listed in item 14 of the DD Form 214.

6.  There are no orders in the applicant's records awarding him ASI "J3."  However, his last three NCOERs verified that at some point he was awarded ASI "J3."  The Board accepts the verification from the above documents as sufficient to show the applicant was awarded ASI "J3."  

7.  Evidence of record shows that the applicant served in Germany.  However, there is no evidence in his records and he has not provided evidence that shows he was awarded the Silver German Marksmanship Badge.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MKP      __LCB   _  __DED__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: 

	a.  by deleting the entries "Kuwait Liberation Medal, Army Commendation Medal, and Army Achievement Medal 1st OLC" in item 18 of his DD Form 214;

	b.  by amending his DD Form 214 in item 13 to add the Army Commendation Medal 3rd Oak Leaf Cluster with "V" Device, the Army Achievement Medal 3rd Oak Leaf Cluster, the Kuwait Liberation Medal-Kuwait, the Kuwait Liberation Medal-Saudi Arabia, the Navy Unit Commendation and the Marine Corps Expeditionary Medal; and

	c.  by amending his DD Form 214 in item 11 to add ASI "J3" as the sixth and seventh character of his MOS 11M3000.

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 adding the Silver German Marksmanship Badge and the Bradley Fighting Vehicle Master Gunners Course to his DD Form 214.




	___Margaret K. Patterson_
          		CHAIRPERSON




INDEX

CASE ID
AR20070008417
SUFFIX

RECON

DATE BOARDED
15 NOVEMBER 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0025.0000
2.
107.0020.0000
3.
107.0111.0000
4.
107.0089.0000
5.

6.