IN THE CASE OF:	  

		BOARD DATE:	       27 MAY 2009

		DOCKET NUMBER:  AR20090001893 


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, award of the Bronze Star Medal (BSM), Armed Forces Expeditionary Medal, Army Commendation Medal (ARCOM) (2nd Award), Army Achievement Medal (AAM) (2nd Award), Parachutist Badge, Army Good Conduct Medal (AGCM), and Honduras Jump Wings (officially called Honduran Military Airborne Badge).  Additionally, the applicant request that his service in Honduras be documented on his DD Form 214 (Certificate of Release or Discharge from Active Duty.)  

2.  The applicant states that he received two DD Forms 214.  The first DD Form 214 reflected an honorable discharge for his enlistment ending in September 1985.  He adds that the form listed his BSM that he received in Grenada in October to November 1983 as well as the Armed Forces Expeditionary Medal, ARCOM, and AAM.  He indicates that he received the second award of the ARCOM and the AAM.  He maintains that when he reenlisted he received a bonus, an airborne assignment to Italy, an award, and the AGCM.  

3.  The applicant offers that while en route to Italy, he had a hardship and was later assigned to B Company, 27th Combat Engineer Battalion, Fort Bragg, North Carolina.  He adds that while assigned to B Company, he was deployed to Honduras with his unit but was returned to Fort Bragg on 6 June 1986 after being injured.  The applicant states that during his deployment in Honduras he was awarded the Honduran Military Airborne Badge and his unit was awarded the AAM and the ARCOM.   
4.  The applicant provides a three page self-authored statement in support of his claim and his DA Form 2-1 (Personnel Qualification Record).

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 requested award of the Armed Forces Expeditionary Medal and the Parachutist Badge, however, these awards are already listed on his DD Form 214.  Therefore, there is no action required by the Board and as a result these awards will not be discussed further in these Proceedings.

3.  The applicant’s records show that he enlisted in the Regular Army on 
15 April 1983 for 3 years.  On 24 September 1985, he reenlisted for a period of
4 years.  The applicant was separated on 1 July 1987 with a discharge characterized as under honorable conditions.

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:  Army Service Ribbon; Army Achievement Medal; Army Commendation Medal; Armed Forces Expeditionary Medal; Parachutist Badge; and the Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade bars.  This form does not show award of the BSM, ARCOM (2nd Award), AAM (2nd Award), AGCM, or the Honduran Military Airborne Badge. 

5.  Item 18 "Remarks" of the applicant's DD Form 214 shows the following: "Immediate Reenlistment This Period:  830415-850923."

6.  The applicant's records do not contain a DD Form 214 from his first enlistment.  There are no orders in his service personnel records that show he was awarded the BSM, ARCOM (2nd Award), AAM (2nd Award), AGCM, or the Honduran Military Airborne Badge.
7.  Item 27 "Remarks" of the applicant's DA Form 2-1 (Personnel Qualification Record) shows the entry of "Imminent Danger Pay (Grenada, 831026 – 831119). Additionally, Permanent Orders 219-259, dated 15 December 1983, show that the applicant was awarded the ARCOM for the Grenada operation during the period of 25 October 1983 to 2 November 1983.  There is no entry concerning his service in Honduras.

8.  There is no entry in Item 41 (Awards and Decorations) of the applicant's DA Form 2-1 that shows he was awarded the BSM, ARCOM (2nd Award), AAM (2nd Award), AGCM, or the Honduran Military Airborne Badge.  

9.  The applicant's records show that during his first three years of service, he was promoted from private, E-1 to specialist, E-4.  His records contain no adverse actions or documentation during this period and he was awarded the Armed Forces Expeditionary Medal, ARCOM, AAM, and the Parachutist Badge.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

11.  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.

12.  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 in a noncombat area 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

13.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  
14.  Commanders (overseas and CONUS) 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.  This authority may be further delegated to commanders charged with custody of military personnel record files.  The burden of proof rests on the individual Soldier to produce valid justification, that is, orders, citations, or other original copies of the foreign elements that awarded them the badge.   

15.  Appendix D lists foreign badges by country authorized for permanent wear.  The regulation, in effect at the time, lists three awards authorized for Soldiers serving in Honduras:  Honduran Military Airborne Badge; Honduran Special Operation Course Badge; and the Honduran Expert Infantry Badge.

16.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  In pertinent part, it states that a DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army.  However, item 18 "Remarks" will be used to list enlistment periods for which a DD Form 214 was not issued.  Example:  Immediate reenlistments this period:  761210-791001; 791002-821001.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant argues that he was awarded the BSM and the award was listed on his DD Form 214 from his first enlistment.  There is no DD Form 214 contained in the applicant's personnel records for the period of 15 April 1983 to 23 September 1985.  Further, as specified in the regulation, a DD Form 214 for immediate reenlistment is not authorized.  Additionally, there are no orders or evidence and the applicant failed to provide any to show that he was awarded the BSM.  Therefore, in the absence of such evidence, there is an insufficient basis to add the BSM to his DD Form 214.

2.  Neither the applicant's DD Form 214 nor his DA Form 2-1 show the second award of the ARCOM or the AAM and the applicant's records do not contain any 

orders for these awards.  The Board reviews a case with a presumption of regularity; that what the Army did was proper and just.  Since the applicant has not overcome this burden of proof, there is no basis for granting his request.

3.  The applicant's records show that he would have been eligible for the first award of the AGCM for the period 15 April 1983 to 14 April 1986.  There is no adverse information contained in the applicant’s Official Military Personnel File during the period of qualification and there is no documentation disqualifying him from award of the AGCM.  Therefore, in the interest of equity and justice, it would be appropriate to correct the applicant’s records to show that he is entitled to the award of the AGCM.

4.  There is no evidence that the applicant was deployed to Honduras.  Likewise, there are no orders showing that the applicant was awarded the Honduran Military Airborne Badge.  In the absence of such evidence, there is an insufficient basis to correct his DD Form 214 to show his service in Honduras or to award him the Honduran Military Airborne Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  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 by awarding him the award of the AGCM for the period 15 April 1983 to 14 April 1986 and adding it to his DD Form 214.

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 awards of the BSM, 

ARCOM (2nd Award), AAM (2nd Award), the Honduran Military Airborne Badge, and adding his service in Honduras to his DD Form 214.




      _______ _   __XXX_____   ___
               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)                                         AR20090001893





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ABCMR Record of Proceedings (cont)                                         AR20090001893



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