IN THE CASE OF:	  

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080006216 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Multinational Force Observer Medal (MFOM), Presidential Unit Citation (PUC), and Expert Infantryman Badge (EIB) be added to his record and separation document (DD Form 214). 

2.  The applicant states, in effect, that he earned the awards in question and wants them added to his record and DD Form 214.  

3.  The applicant provides requests for tuition assistance (DA Forms 2171) in support of his application.  

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's record shows that he enlisted in the Regular Army (RA) and entered active duty on 4 June 1991.  He was initially trained in and awarded military occupational specialty (MOS) 11B (Infantryman) and served in that MOS for 5 years and 9 months, and was later reclassified into MOS 19K (Armor Crewman), which he served in for 7 months.  He also completed the basic airborne course and received the special qualification identifier (SQI) P (Parachutist).      

3.  The applicant's record shows that during his active duty tenure, the applicant served with the 504th Parachute Infantry Regiment, 82nd Airborne Division, 
Fort Bragg, North Carolina; and with Headquarters and Headquarters Company, 1st Battalion, 81st Armor Regiment, Fort Knox, Kentucky.  It also shows he was promoted to specialist (SPC) on 1 January 1994, and that this is the highest rank he attained while serving on active duty.  It also shows that he was reduced to private/E-2 (PV2) on 7 February 1997.  

4.  The applicant's Official Military Personnel File (OMPF) is void of any orders, certificates, or other documents that indicate he was ever recommended for or awarded the MFOM, PUC, or EIB by proper authority while serving on active duty.  

5.  On 29 May 1997, the applicant was honorably released from active duty, in the rank of PV2, by reason of reduction in force.  The DD Form 214 he was issued at the time confirms he completed a total of 5 years, 11 months, and
26 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  Army Achievement Medal; Army Good Conduct Medal; National Defense Service Medal; Army Service Ribbon; Parachutist Badge; Driver and Mechanic Badge with Driver-W Bar; Sharpshooter Marksmanship Qualification Badge with Grenade Bar; and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  

6.  The applicant provides DA Forms 2171, which show that while he was serving in Multinational Force (MFO) Camp 31530, he was granted tuition assistance for courses that began on 25 February and ended 13 May 1993.  

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 8-9 contains guidance on award of the EIB.  It states, in pertinent part, that in order to participate in the EIB program and be awarded the EIB, members must meet the prerequisites and take the test with an infantry unit of at least battalion size.  The test requirement is to meet all prerequisites and proficiency tests prescribed by U.S. Army Infantry Center and given by authorized commanders.  

8.  Paragraph 9-12 of the awards regulation provides guidance on award of the MFOM and states, in pertinent part, that effective 15 March 1985, personnel must serve 6 months (170 days minimum) with the MFO to qualify for the award. The Director General, MFO makes awards, or in his or her name by officials to whom he or she delegates awarding authority. 

9.  The United States Army Human Resources Command (HRC), Military Awards Branch, Unit Awards List, shows the applicant's units (1st Battalion, 504th Infantry Regiment and 81st Armor Regiment) earned no unit awards during the tenure of his assignment.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he earned the MFOM, PUC, and EIB and these awards should be added to his record and separation document was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The applicant's record is void of any orders, certificates, or other documents that indicate he was awarded any of the awards in question by proper authority while serving on active duty, and these awards are not included in the list of awards listed in Item 13 of his DD Form 214. 

3.  The applicant's record gives no indication that he completed the necessary proficiency testing necessary to qualify for the EIB.  Further, although he provides tuition assistance forms for courses covering the period 25 February through 13 May 1993, while he was serving with the MFO, there is no indication that the completed the necessary six months to qualify to receive the MFOM, or that it was awarded to him by proper authority.  In addition, the official HRC list of approved unit awards shows his units did not receive the PUC, or any other unit award, during his tenure of assignment.  As a result, absent any evidence that he met the eligibility requirements for any of these awards, or that he was awarded them by proper authority while serving on active duty, there is an insufficient evidentiary basis to support granting the requested relief. 

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x ____  ___x____  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.



      ________x______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006216



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ABCMR Record of Proceedings (cont)                                         AR20080006216



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