RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20080000892 


	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.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



Member
	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 previous request that:

	a.  his discharge under other than honorable conditions be upgraded to an honorable discharge; 

	b.  award of all combat medals and service badges that he is entitled including the Overseas Combat Service Medal (correctly known as the Armed Forces Expeditionary Medal), the Combat Infantryman Badge, the Jungle Expert Badge, the Heavy Equipment Operator Badge, and the 82nd Airborne Combat Patch; 

	c.  Amphibious Warfare School Credit; and 

	d.  correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show that he had 11 days of Foreign Service.  

2.  He also requests that his DD Form 214 be corrected to show:

	a.  the year, month and day that his Foreign Service was completed; 

	b.  he held a secret "S-1" security clearance;

	c.  he held a Radio Telephone Operator military occupational specialty in the company to which he was assigned; that he was awarded a certificate from the General of the 82nd Airborne Division for outstanding performance during Operation Urgent Fury; 

	d.  he was awarded the Expert Marksmanship Qualification Badge (Rifle M-16 and Machine Gun M-60); 

	e.  he was awarded a Heavy Equipment Operator Certificate of Completion; that his military education included basic training as a combat engineer at Fort Leonard Wood, Missouri, Airborne School at Fort Benning, Georgia, and Amphibious Warfare School in Little Creek, Virginia; and

	f.  he completed 1 day of Sea Service.

3.  Additionally, he requests that he be allowed to sign his DD Form 214 after he knows that the information contained therein is factual and true.
4.  The applicant states that his DD Form 214 shows that he was not available for signature on the date of his discharge; however, he was available.  He states that the Army covered up and/or destroyed his records.  He states that he was suffering from Post Traumatic Stress Disorder (PTSD), depression and anxiety and that he was not medically or psychologically evaluated, treated or debriefed prior to his discharge.  He states that he would have never agreed to the type of discharge that he received and that to do so suggest that he is a liar.  He states that he finds the Board's previous decision to be unjust as he should have been credited with 11 days of combat service and his Foreign Service dates should be reflected on his DD Form 214.  He states that in regard to the disciplinary action taken against him, it all occurred after his time in Grenada and that some of the records are false and are not in chronological order.

5.  The applicant provides in support in support of his application, a letter addressed to a former Army Review Boards Agency employee dated 11 November 2007; a copy of a newspaper article entitled "Honoring our commitment to veterans"; a copy of a Department of Veterans Affairs (VA) Administrative Decision; copies of pages from a book pertaining to operation Urgent Fury; a copy of a self authored letter addressed to an official at the VA dated 9 March 1992; a copy of his DD Form 214; a copy of a newspaper regarding an a Iraq War Veteran who went absent without leave (AWOL) and avoided trial by court-martial; a copy of portions of a web page article pertaining to the 307th Engineer Battalion and the 82nd Airborne Division; a letter from a Veterans Center Social Worker, addressed to whom it may concern, dated 29 October 2007, attesting to his contention that he suffers from PTSD; and a copy of a newspaper article dated 18 June 2007, regarding the military mental health system.

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 AR20070000274 on 19 July 2007.

2.  On 12 July 1982, the applicant enlisted in the Regular Army in Columbia, South Carolina, for 4 years, in the pay grade of E-1.  He successfully completed training as a combat engineer.  He was transferred to Fort Bragg, North Carolina, on 24 November 1982.

3.  The applicant's Personnel Qualification Record (DA Form 2-1) shows that he was in an imminent danger pay area (Grenada) from 25 October 1983 through 4 November 1983.

4.  The applicant was at Fort Bragg, North Carolina on 29 May 1984, when nonjudicial punishment (NJP) was imposed against him for being derelict in the performance of his duties.  His punishment consisted of a forfeiture of pay in the amount of $162.00 and 7 days of extra duty.

5.  The applicant went AWOL on 17 July 1984 and he remained absent in a desertion status until he surrendered to military authorities and was released to his unit on 9 January 1985.  The available records show that while he was AWOL, he was arrested by civil authorities for breaking and entering, and for assault.  Charges were preferred against the applicant on 16 August 1984 as a result of his being AWOL.

6.  The facts and circumstances pertaining to the applicant's discharge are not present in the available record.  His DD Form 214 shows that on 26 February 1985, he was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial, and that he was unavailable to sign his DD Form 214 on the day that he was discharged.  He had 5 months and 22 days of lost time due to being AWOL and in confinement.

7.  The applicant's DD Form 214 also shows that he completed a 13-week combat engineer course in October 1982; and that he was awarded the Army Service Ribbon, the Marksman Marksmanship Qualification Badge (Rifle M-16), the Expert Marksmanship Qualification Badge (Hand Grenade), the Parachutist Badge, the Armed Forces Expeditionary Medal, the Expert Marksmanship Qualification Badge Machinegun (M-203) Bar, and the Army Commendation Medal.  However, at the time that this DD Form 214 was prepared, it did not include the number of days of Foreign Service that he had completed.

8.  A review of the available records reveals that, other than the Expert Marksmanship Qualification Badge (Rifle M-16), which is currently reflected on his DD Form 214, he was not awarded any of the badges or certificates that he contends he was awarded in his application to this Board.  Further review of his records fails to show that he ever served in a radio telephone operator military occupational specialty; that he was suffering from PTSD; or that he had 1 day of Sea Service while he was in the Army. 

9.  A review of the available records fails to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

10.  On 19 July 2007, this Board granted the applicant partial relief by furnishing him a Correction to DD Form 214 (DD Form 215) to amend his DD Form 214 to reflect that he had 00 years, 00 months and 09 days of Foreign Service.

11.  Army Regulation 635-200 (Enlisted Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or 
offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.  

12.  Army Regulation 635-5 is the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that only decorations, medals, badges, citations and campaign ribbons will be entered on the DD Form 214.  Certificates of Appreciation or Achievement are not authorized for entry.  It further provides that only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed and that those courses non-combat arms related courses that are 40 hours 
(1 week) or more in duration will be listed under military education.

13.  Army Regulation 635-5 also provides, in pertinent part, that only those specialties that have been awarded in accordance with Army Regulation 611-201 and that have been held for at least 1 year, are authorized for entry on the DD Form 214.

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for Special Forces personnel (less the Special Forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for Special Forces personnel are not authorized.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or Special Forces primary duty, in a unit actively engaged in ground combat with the enemy.

15.  Army Regulation 600-8-22 also provides, in pertinent part, that combat and special skill badges are awarded to denote proficiency in performance of duties under hazardous conditions and circumstances of extraordinary hardship as well as special qualifications and successful completion of prescribed courses of training.  Only those badges which are awarded in recognition of military 
activities 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.

16.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "Combat Patch".  In pertinent part, the regulation authorizes optional wear of the U. S. Army shoulder sleeve insignia for any former wartime unit in which a Soldier served during a period of eligibility.  Members of the 82nd Airborne Division who participated in combat in Grenada, between 24 October 1983 and 21 November 1983, are authorized to wear the Soldier sleeve insignia or patch of the 82nd Airborne Division.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  After careful review of the available records, it has been determined that an administrative error was made by the staff of the Board on 19 July 2007, when the applicant's case was previously considered.  Therefore, one of his contentions in this case is not without merit. 

2.  The applicant’s DA Form 2-1 shows that he was in an imminent danger pay area from 25 October 1983 through 4 November 1983, which is 11 days.  The DD Form 215 that was prepared for the applicant on 1 February 2008, after the Board's previous decision, shows that he had 00 years, 00 months and 09 days of Foreign Service.  Therefore, it would be appropriate to correct the applicant's records to show that he had 00 years, 00 months and 11 days of Foreign Service.


3.  The applicant's contentions regarding the type of discharge that he received and the reasons therefore, have been considered.  However, there is no evidence in the available record, nor has he submitted any evidence that shows that he was suffering from PTSD, depression or anxiety prior to his discharge.  The evidence of record shows that he was AWOL from 17 July 1974 until 
9 January 1985; and that while he was AWOL, he was confined by civil authorities for breaking and entering and for assault.  After charges were preferred against him by Army officials, he submitted a request for discharge for the good of the service, in lieu of trial by court-martial. 

4.  The applicant's contention that he was not medically or psychologically evaluated, treated or debriefed prior to his discharge has also been noted.  However, none of these factors, either individually or in sum, warrant the relief requested in regard to the type of discharge that he received.  The applicant had approximately 5 months and 22 days of lost time due to being AWOL and in confinement.  Considering the nature of his offense, it does not appear that the type of discharge that he received was too harsh or unjust.

5.  The applicant has provided insufficient evidence to support his contentions that the documents contained in his official records, pertaining to the basis for his discharge are false; that he was available to sign his DD Form 214 when it was prepared; that the Army covered up and/or destroyed his records; or that the type of discharge that he received was unjust.  These contentions have been determined to be totally without merit.  

6.  There is no evidence in the available record that shows the applicant was ever awarded an infantryman military occupational specialty or that he ever performed duties as a radio telephone operator for 1 year or more while he was in the Army.  While his DD Form 214 already shows that he was awarded the Expert Marksmanship Qualification Badge (Rifle M-16), his records do not substantiate his contention that he is entitled to the Jungle Expert Badge and the Expert Marksmanship Qualification Badge (Machinegun M-60).  Therefore his DD Form 214 should not be amended to include any of these awards or any additional military occupational specialties.

7.  While the applicant may have been entitled to wear a Combat Patch to reflect his service with the 82nd Airborne Division, there are no provisions for entering shoulder sleeve insignia for former wartime service on the DD Form 214.  There are also no provisions for entering security clearances on the DD Form 214.  Accordingly, the Combat Patch and any security clearance that he may have held while he was in the Army were properly excluded from his DD Form 214.

8.  As previously indicated, in accordance with Army Regulation 635-5, only decorations, medals, badges, citations and campaigns ribbons will be entered on the DD Form 214.  Certificates of Appreciation or Achievement are not authorized for entry.  Moreover, only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed and those courses must be non-combat arms related courses that are 40 hours (1 week) or more in duration.

9.  Finally, there is no evidence in the available records, nor has the applicant submitted any evidence to support his contention that while he was in the Army, he had 1 day of Sea Service.  Furthermore, at the time of the applicant's discharge there was no provision for recording the year, month and day that his Foreign Service was completed.  Therefore, it appears that this information was properly excluded from his DD Form 214.

10.  Additionally, there are no provisions for the applicant to be allowed to sign his DD Form 214 at this late date.

11.  In view of the foregoing, it would now be appropriate to correct the applicant records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JLP  __  __TSK__  __DWT__   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 AR20070000247, dated 19 July 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding his DD Form 215 dated 1 February 2008 and furnishing him a new DD Form 215 to show that he completed 00 years, 00 months and 11 days of Foreign Service.

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:

      a.  upgrading his discharge to honorable;
      
      b.  amending his DD Form 214 to show the year, month and day that his Foreign Service was completed; 
      
      c.  amending his DD Form 214 to show that he was awarded the 82nd Airborne Combat Badge or the "Combat Patch," the Jungle Expert Badge, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge (Machine Gun M-60), a Heavy Equipment Operator Certificate of Completion, and a certificate from the General of the 82nd Airborne Division; 
      
      d.  amending his DD Form 214 to show that he held a radio telephone operator military occupational specialty; that he completed Amphibious Warfare School in Little Creek, Virginia; that he completed basic training at Fort Leonard Wood, Missouri, and completed Airborne School at Fort Benning, Georgia;
      
      e.  amending his DD Form 214 to show that he held a secret "S-1" security clearance; and 
      
      f.  that he completed 1 day of Sea Service.
      
	g.  allowing the individual to sign his DD Form 214 at this late date.




      ___        TSK                ___
                CHAIRPERSON
	
ABCMR Record of Proceedings (cont)                                         AR20080000892



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