IN THE CASE OF:	  

		BOARD DATE:	       24 March 2009
  
		DOCKET NUMBER:  AR20080014954 


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, correction of his discharge document to show his authorized awards and correction of his Army Commendation Medal award documents to show his correct Social Security Number.

2.  The applicant states, in effect, he was awarded a second award of the Army Commendation Medal, but he received the award elements after he had been discharged and the documents contain the wrong Social Security Number.  He also states that he completed the Primary Leadership Development Course and should have been awarded the Noncommissioned Officer Professional Development Ribbon.  He further states that he was authorized to accept and wear the German Army Marksmanship Badge.  The applicant concludes by stating that his unit was deployed to Afghanistan and Iraq, which made it nearly impossible for him to get his personnel records corrected.

3.  The applicant provides copies of Headquarters, U.S. Army Engineer Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Orders 97-120, dated 7 April 1993; Headquarters, III Corps and Fort Hood, Fort Hood, Texas, Orders L255-18, dated 11 September 1996; Headquarters, 64th Replacement Detachment, Unit 73770, Germany, Orders 206-079, dated 21 October 1996; Headquarters, V Corps, Unit 29355, Germany, memorandum, dated 25 August 
1998, subject:  Foreign Awards; DA Form 638 (Recommendation for Award), dated 23 April 2002; DA Form 4980-14 (The Army Commendation Medal Certificate), undated; and DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 23 April 2002.

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 military personnel records show he enlisted in the U.S. Army Reserve (USAR) on 18 January 1991.  He was ordered to active duty for training, completed basic combat and advanced individual training, and was awarded military occupational specialty 52D (Power Generator/Equipment Repairer).

3.  The applicant enlisted in the Regular Army (RA) and entered active duty for a period of 3 years on 31 March 1993.  The applicant continued to serve on active duty in the RA and attained the rank of sergeant/pay grade E-5.

4.  The applicant's military personnel records contain a DA Form 2-1 (Personnel Qualification Record).

	a.  Item 2 (SSN [Social Security Number]) shows the entry "4__-8_-1___."

	b.  Item 5 (Oversea Service) shows the applicant served in the Far East Pacific (FEPA) in the Republic of Korea (ROK) from 12 April 1993 through 11 April 1994 and in the U.S. Army Europe (EURA) in Germany from 20 October 
1996 through 14 October 1999.

	c.  Item 9 (Awards, Decorations, and Campaigns) shows he was authorized the Army Commendation Medal, Army Achievement Medal (3rd Award), Good Conduct Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon (2nd Award), Driver and Mechanic Badge with Wheel Vehicle Bar, Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, and German Marksmanship Badge (Silver).

	d.  Item 17 (Civilian Education and Military Schools), in pertinent part, shows the applicant completed the 4-week Primary Leadership Development Course at the U.S. Army Noncommissioned Officer Academy, III Corps, Fort Hood, Texas, in 1994.

	e.  Item 35 (Record of Assignments), in pertinent part, shows the applicant was assigned to Headquarters and Headquarters Company, 1st Corps Support Command, Fort Bragg, North Carolina, on 7 December 1999.

5.  The applicant's military personnel records contain a DD Form 214 that shows he entered active duty on 31 March 1993.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Commendation Medal, Army Achievement Medal (3rd Award), Army Good Conduct Medal (3rd Award), National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, Driver and Mechanic Badge with Driver-W and Mechanic-M Bars, and Army Lapel Button.  Item 14 (Military Education), in pertinent part, shows he completed the 4-week Primary Leadership Development Course in 1994.  The DD Form 214 also shows the applicant was honorably discharged on 23 April 
2002 based on disability with severance pay.  At the time he had completed 9 years and 23 days of net active duty this period; 4 months and 16 days of total prior active service; 1 year, 3 months, and 10 days of total prior inactive service; and 3 years, 11 months, and 25 days of foreign service.

6.  In support of his application, the applicant provides copies of the following documents.

	a.  Headquarters, U.S. Army Engineer Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Orders 97-120, dated 7 April 1993, show that the applicant was reassigned from the 43rd Adjutant General Battalion (Reception) Entrance Station, Fort Leonard Wood, Missouri and assigned to the 1st Adjutant General Detachment, Replacement (Korea) with an availability date of on or about 10 April 1993 and in accordance with his port call instructions.

	b.  Headquarters, III Corps and Fort Hood, Fort Hood, Texas, Orders 
L255-18, dated 11 September 1996, show that the applicant was reassigned from the 190th Combat Support Company, 13th Corps Support Command, Fort Hood, Texas, and assigned to Headquarters and Headquarters Battery, 69th Air Defense Brigade, Germany, with a reporting date of 19 October 1996.

	c.  Headquarters, 64th Replacement Detachment, Unit 73770, Germany, Orders 206-079, dated 21 October 1996, show that the applicant was reassigned (diverted) from Headquarters and Headquarters Battery, 69th Air Defense Brigade, Germany, and reassigned to the 72nd Medical Detachment (Veterinary Services), Germany, with a reporting date of 22 October 1996.
	d.  Headquarters, V Corps, Unit 29355, Germany, memorandum, dated 25 August 1998, subject:  Foreign Awards, shows, in pertinent part, that the applicant was authorized to accept and wear the German Army Marksmanship Badge (Silver) effective 29 July 1998.  This document also shows that the correspondence was to be filed in the applicant’s military personnel records.

	e.  A DA Form 638, dated 23 April 2002, shows:

		(1)  Part I (Soldier Data), item 6 (SSN) contains the entry "2_-1_-0___"; 

		(2)  the applicant’s previous awards included the Army Commendation Medal and Army Achievement Medal (2nd Oak Leaf Cluster);

		(3)  the applicant was recommended for award of the Army Commendation Medal (1st Oak Leaf Cluster);

		(4)  the Commander, 46th Corps Support Group, approved award of the Army Commendation Medal (1st Oak Leaf Cluster) to the applicant for meritorious service while serving as a Power Generation Equipment Repairer during the period 19 September 1999 to 23 April 2002; and 

		(5)  Part V (Orders Data) confirms that Headquarters, 46th Corps Support Group, Fort Bragg, North Carolina, Permanent Order Number 172-08, dated 25 June 2002, announced award of the Army Commendation Medal.

	f.  A DA Form 4980-14, undated, shows that:

		(1)  the applicant’s Social Security Number is shown as "25_-1_-0935";

		(2)  the Commander, 46th Corps Support Group, approved award of the Army Commendation Medal to the applicant for meritorious service while serving as a Power Generation Equipment Repairer during the period 19 September 
1999 to 23 April 2002; and 

		(3) Headquarters, 46th Corps Support Group, Fort Bragg, North Carolina, Permanent Order Number 172-08, announced award of the Army Commendation Medal.

	g.  A DD Form 214 with an effective date of 23 April 2002.  Item 3 (Social Security Number) shows the entry "4__-8_-1___."

7.  A review of the applicant’s military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.
8.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

9.  Army Regulation 600-8-22 provides that the Korea Defense Service Medal is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.  This regulation specifies the criteria for award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

10.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This 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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Table B-1 of this regulation lists overseas tour lengths and specifically the tour length for Korea, which is 24 months if accompanied by dependents and 12 months for all others, and the tour length for Germany, which is 36 months if accompanied by dependents and 24 months for all others.

12.  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.
13.  Army Regulation 600-8-22 provides that the Army Commendation Medal 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.

14.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Army Commendation Medal.

15.  Army Regulation 600-8-22 shows the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 
1981.  It is awarded to members of Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of specific noncommissioned officer professional development courses.  This document shows that, effective 30 March 1989, a service member will be provided the Noncommissioned Officer Professional Development Ribbon with the numeral which identifies the highest level of Noncommissioned Officer Education System (NCOES) or Reserve Component NCOES successfully completed and that only the bar ribbon device will be worn for successful completion of the Primary Leadership Development Course.

16.  Army Regulation 600-8-22 provides, in pertinent part, that foreign 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.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges that 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.  The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military records.

17.  Army Regulation 600-8-22 provides, in pertinent part, that commanders (overseas and continental United States) serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation.  This authority may be further delegated to commanders charged with custody of military personnel record files.

18.  Army Regulation 600-8-22, Table D-1 (Foreign Badges), in pertinent part, lists the German Army Marksmanship Badge as an authorized foreign badge that delegated commanders may approve for acceptance, retention, and permanent wear by a Soldier.

19.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed 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 established 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 Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, military personnel records jacket, or any other document authorized for filing in the official military personnel file.

20.  Table 2-1 (DD Form 214 Preparation Instructions) of Army Regulation 635-5, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  The instructions for item 13 state that entries will be for all periods of service; check the Soldier’s military service records for the validity of awards; do not abbreviate when listing the entries; list the entries in order of precedence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show his authorized awards and his Army Commendation Medal award documents should be corrected to show his correct Social Security Number.

2.  Records show that Headquarters, 46th Corps Support Group, Fort Bragg, North Carolina, Permanent Order Number 172-08, dated 25 June 2002, awarded the applicant the Army Commendation Medal (2nd Award) for meritorious service during the period 19 September 1999 to 23 April 2002.  The evidence of record also shows that the applicant’s Social Security Number is incorrectly recorded on the award elements (i.e., the DA Form 638 and DA Form 4980-14) that announced the award.  In addition, the DA Form 638, Part V, item 29 (Approved Award) shows award of the Army Commendation Medal, not the Army Commendation Medal (1st Oak Leaf Cluster).  Therefore, it would be appropriate to correct the applicant’s Social Security Number on the award documents and also show he was awarded the Army Commendation Medal (1st Oak Leaf Cluster).  As a result of the foregoing, it would be appropriate to correct the applicant’s DD Form 214 to show two awards of the Army Commendation Medal.
3.  Records show that the applicant served a qualifying period for award of the National Defense Service Medal during the period 31 March 1993 to 30 November 1995.  Records also show the applicant served a second qualifying period for award of the National Defense Service Medal during the period 11 September 2001 to 23 April 2002.  Therefore, it would be appropriate to correct his records to show award of the National Defense Service Medal with one bronze service star.

4.  The evidence of record shows that the applicant served a qualifying period of service for award of the Korea Defense Service Medal from 12 April 1993 to
11 April 1994.  Therefore, it would be appropriate to correct his records to show this service medal.

5.  The evidence of record shows that the applicant served overseas for a period of 12 months in Korea and for a period of 36 months in Germany.  Thus, records confirm that the applicant completed two overseas tours during the period of service under review.  Therefore, it would be appropriate to correct his records to show award of the Overseas Service Ribbon with Numeral "2."

6.  The evidence of record shows that the applicant completed the Primary Leadership Development Course in 1994.  The evidence of record also shows that the Noncommissioned Officer Professional Development Ribbon (bar ribbon without numeral) is awarded for successful completion of the Primary Leadership Development Course.  Therefore, it would be appropriate to correct his records to show this service ribbon.

7.  Records show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.  Therefore, it would be appropriate to correct his records to show this badge with the two component bars.

8.  The evidence of record shows that the German Army Marksmanship Badge is a foreign badge authorized for acceptance, retention, and wear by U.S. Army Soldiers.  The evidence of record also shows that an appropriate Army official authorized the applicant to accept and wear the German Army Marksmanship Badge (Silver) and directed the badge be recorded in the applicant’s military personnel records.  The evidence of record further shows that the German Army Marksmanship Badge is authorized to be entered in item 13 of the DD Form 214.  Therefore, it would be appropriate to correct the applicant’s discharge document to show this foreign badge.


BOARD VOTE:

____X____  ____X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  correcting Headquarters, 46th Corps Support Group, Fort Bragg, North Carolina, Permanent Order Number 172-08, dated 25 June 2002, to correct Part I, item 6, of the DA Form 638 to show the applicant’s Social Security Number is "4__-8_-1___" and correct Part V, item 29, of the DA Form 638 to show he was awarded the Army Commendation Medal (1st Oak Leaf Cluster);

	b.  issuing a corrected DA Form 4980-14 (without the applicant’s Social Security Number) announcing award of the Army Commendation Medal (1st Oak Leaf Cluster);

	c.  filing in his military personnel records a copy of Headquarters, V Corps, Unit 29355, Germany, memorandum, dated 25 August 1998, subject:  Foreign Awards, that authorized the applicant to accept and wear the German Army Marksmanship Badge (Silver) effective 29 July 1998;

	d.  deleting from item 13 of his DD Form 214 the Army Commendation Medal, National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar; and

	e.  adding to item 13 of his DD Form 214 the Army Commendation Medal (2nd Award), National Defense Service Medal with one bronze service star,  Korea Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon with Numeral "2," Expert 

Marksmanship Qualification Badge with Rifle and Grenade Bars, and German Army Marksmanship Badge.



      ___________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)                                         AR20080014954



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ABCMR Record of Proceedings (cont)                                         AR20080014954



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