IN THE CASE OF:	  

		BOARD DATE:	      22 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090006195 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* Service in Southwest Asia (SWA) from August 1990 to April 1991;
* Award of the Army Commendation Medal, the Army Achievement Medal 
(Third Award), the Army Good Conduct Medal, and Certificates of Achievement; and
* Completion of the 62E Construction Equipment Operator Course, the 
Combat Lifesaver Course, the Emergency Medical Technician Course, and the Airborne Course.

2.  The applicant states that it must have been an administrative error.

3.  The applicant provides the following documents in support of his application: his DD Form 214; award certificates for the Army Commendation Medal, the Army Achievement Medal, and the Army Good Conduct Medal; his diploma from the Airborne Course; three Certificates of Training; a certificate for service in support of Operation Desert Shield/Desert Storm; and three Certificates of Achievement.

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 12 November 1986.  He was assigned to Fort Leonard Wood, MO for one station unit training.  

3.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he completed 9 weeks of training in the 62E Construction Equipment Operator Course in 1987.  This course is recorded in item 14 (Military Education) of his DD Form 214.  

4.  The applicant provided a diploma from the U.S. Army Infantry School which shows he successfully completed the Airborne Course in 1987.  Item 17 (Civilian Education and Military Schools) on his DA Form 2-1 shows he completed three weeks of training in the basic Airborne Course in 1987.  

5.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 
111-52, dated 21 June 1988, show the applicant was awarded the Army Achievement Medal for meritorious achievement from 29 April 1988 to 9 May 1988.

6.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 
116-62, dated 20 June 1989, show the applicant was awarded the Army Achievement Medal for meritorious achievement from 18 April 1989 to 27 April 1989.

7.  One of the applicant's Certificates of Training shows he successfully completed 44 hours of training in the Combat Lifesavers Course from 8 May 1989 to 12 May 1989 at Fort Bragg, NC.  

8.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 
19-108, dated 30 January 1990, show the applicant was awarded the Army Good Conduct Medal for the period 12 November 1986 to 11 November 1989.  

9.  The applicant provided a DA Form 638 (Recommendation for Award), dated 12 April 1990, which shows he was awarded a third award of the Army Achievement Medal for meritorious service from May 1987 to May 1990 by Headquarters, 307th Engineer Battalion, Permanent Orders Number 43-2, dated 30 April 1990.

10.  Another one of the applicant's Certificates of Training shows he successfully completed 296 hours of training in the Emergency Medical Technician Course from 29 January 1990 to 19 April 1990 at the Army Education Center, Fort Bragg, NC.  His DA Form 2-1 does not list the Emergency Medical Technician Course in item 17.  

11.  The applicant provided an award certificate, dated 26 August 1991, which shows he was awarded the Army Commendation Medal for meritorious service while assigned to 618th Engineer Company, 307th Engineer Battalion, 82nd Airborne Division from 1 May 1987 to 13 April 1991.  There are no orders confirming this award of the Army Commendation Medal.  

12.  The applicant provided three Certificates of Achievement and a certificate which exemplify his service during Operation Desert Shield/Desert Storm and his meritorious achievement while assigned to the 82nd Airborne Division.  

13.  The applicant was released from active duty on 15 April 1991.  

14.  His DD Form 214 does not reflect any foreign service in item 12f (Foreign Service) or that he served in SWA in item 18 (Remarks).  His DD Form 214 also does not show he was authorized any awards for service in SWA.

15.  His DD Form 214 shows the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Army Achievement Medal (First Oak Leaf Cluster), and the Parachutist Badge as authorized awards in item 13 (Decorations, Medals, Citations and Campaign Ribbons Awarded and Authorized).

16.  His DD Form 214 does not show the Combat Lifesaver Course, the Emergency Medical Technician Course or the Airborne Course in item 14.  

17.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  This database shows the applicant served during Desert Shield/Desert Storm from 1 September 1990 to 24 March 1991.

18.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 18 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.  Paragraph 18(f)(2) states that the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYMMDD - YYYMMDD)" will be entered in
item 18 for active duty Soldiers deployed to a foreign country with their unit.

19.  Army Regulation 635-5 states, in pertinent part, that decorations, medals, citations and campaign ribbons awarded and authorized will be listed in the appropriate item of the DD Form 214.  This regulation provides that Certificates of Achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.  However, Army Regulation 600-8-22 (Military Awards) provides that certificates of achievement or certificates and other documents recognizing periods of faithful service or acts which do not meet the criteria for decorations will be distributed to the individual’s military personnel records jacket and official military personnel file in accordance with Army Regulation 600-8-104 (Military Personnel Information Management/Records).

20.  Army Regulation 635-5 states, in pertinent part, that item 14 will list formal in service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

21.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

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.

24.  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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant requests correction of his DD Form 214 to show his service in Saudi Arabia from August 1990 to April 1991, the DMDC reveals that he served in SWA from 1 September 1990 to 24 March 1991.  Therefore, it would be appropriate to add the entry "SERVICE IN SWA FROM 900901 - 910324" to item 18 and add the entry "00 06 24" to item 12f on his DD Form 214.  

2.  Based on the applicant's service in SWA as determined in paragraph 1, above, he is eligible for award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-K.

3.  The applicant provided an award certificate for the Army Commendation Medal.  Regrettably, however, absent orders authorizing him award of the Army Commendation Medal, this document alone is not sufficient to support correction of his records to show award of the Army Commendation Medal.  However, if the applicant has orders for award of the Army Commendation Medal, he is advised to provide a copy of these orders for reconsideration of his request.

4.  The applicant's DD Form 214 currently reflects the Army Achievement Medal (First Oak Leaf Cluster), which is two awards of the Army Achievement Medal.  However, orders were issued by the 307th Engineer Battalion in April 1990 which awarded the applicant a third award of the Army Achievement Medal for meritorious service from May 1987 to May 1990.  Therefore, his DD Form 214 should be amended to reflect three awards of the Army Achievement Medal.  

5.  Permanent orders show the applicant was awarded the first award of the Army Good Conduct Medal for the period 12 November 1986 to 11 November 1989.  Therefore, the Army Good Conduct Medal should be added to his DD Form 214.  

6.  The applicant's Certificates of Achievement were noted.  However, based on the governing regulation, these documents are not authorized to be recorded on the DD Form 214.

7.  The applicant's request for correction of his DD Form 214 to show the 62E Construction Equipment Operator Course is noted.  However, this course is already properly recorded in item 14 on his DD Form 214.  

8.  The applicant completed the Combat Lifesavers Course in May 1989.  It appears that the Combat Lifesavers Course was a basic medical care course for nonmedical unit personnel.  Since it was not strictly a combat training course, it would be appropriate to add this course to his DD Form 214.

9.  The applicant's Certificate of Training from the Army Education Center at Fort Bragg, NC shows he completed 11 weeks of training in the Emergency Medical Technician Course in April 1990.  Based on the governing regulation, only formal in service training courses will be recorded on the DD Form 214.  However, it cannot be determined whether this course was completed by correspondence (nonresident) or as a resident course.  Therefore, there is insufficient evidence on which to record this course in item 14 on the applicant's DD Form 214.

10.  The applicant successfully completed three weeks of training in the basic Airborne Course in 1987.  Therefore, this course should be added to his DD Form 214.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  amending item 18 to show the entry "SERVICE IN SWA FROM 900901 - 910324";
	b.  amending item 12f to show the entry "00 06 24";

	c.  amending item 13 to add the SWASM with two bronze service stars, the KLM-SA, the KLM-K, Army Achievement Medal (Third Award), the Army Good Conduct Medal; and 

	d.  amending item 14 to add the entries “Combat Lifesavers Course, 1 Week, May 1989” and "Basic Airborne Course, 3 Weeks, 1987.

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 correction of his DD Form 
214 to show he served in SWA from August 1990 to April 1991; award of the Army Commendation Medal; Certificates of Achievement; the 62E Construction Equipment Operator Course; and the Emergency Medical Technician Course.




      _______ _   __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)                                         AR20090006195





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ABCMR Record of Proceedings (cont)                                         AR20090006195



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