IN THE CASE OF:	

		BOARD DATE:	 1 December 2009 

		DOCKET NUMBER:  AR20090007225 


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 item 12a (Date Entered Active Duty (AD) This Period), item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), item 14 (Military Education), and item 18 (Remarks) of his final DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 31 October 2005 be corrected.

2.  The applicant states, in effect, that item 12a of his final DD Form 214 should be corrected to show he last entered active duty on 18 October 1989 and item 13 should include the Bronze Star Medal (BSM), Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM) with 2nd Oak Leaf Cluster (3rd Award), Army Achievement Medal (AAM) with 3rd Oak Leaf Cluster (4th Award), Meritorious Service Medal (MSM) with 2nd Oak Leaf Cluster (3rd Award), Iraq Campaign Medal (ICM), Armed Forces Expeditionary Medal with 1st Oak Leaf Cluster (2nd Award), and Polish Parachutist Badge.  He also indicates that he does not possess official documents related to his second AFEM or ICM.  He further states that he served in support of Operation Joint Forge in Bosnia from 1 April 1999 to 15 June 1999 and that he completed the Special Forces Assessment and Selection and the Special Operations Forces (SOF) Functional Language (Polish (PL)) courses.

3.  The applicant provides the following documents in support of his application:  VA Form 21-4138 (Statement in Support of Claim), dated 3 April 2009; DD Forms 214, dated 16 December 1987 and 31 October 2005; and official military personnel file (OMPF) documents, which include enlistment/reenlistment documents and award and training certificates.

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 initially enlisted in the Regular Army and entered active duty on 28 December 1983.  He was trained in, awarded and served in military occupational specialty 11B (Infantryman).

3.  On 16 December 1987, the applicant was honorably released from active duty in the rank of sergeant (SGT).  The DD Form 214 he was issued at that time shows he completed 3 years, 11 months, and 19 days of active military service.

4.  The applicant's record contains a DD Form 4 (Enlistment/Reenlistment Document) that was prepared on him during his processing for his second enlistment.  It shows he again enlisted in the RA on 18 October 1989 for a period of 4 years and reentered active duty in the rank of SGT.

5.  The applicant's record contains a U.S. Army John F. Kennedy (JFK) Special Warfare Center and School (JFKSWCS) certificate that shows the applicant completed the Special Forces (SF) Assessment and Selection Course at Fort Bragg, North Carolina, during the period 6 through 26 November 1991.  It also contains a JFKSWCS diploma that shows he completed the Polish (PL) SOF Functional Language Course during the period 4 January 1993 through 18 June 1993.

6.  The applicant's record also contains a Headquarters, U.S. Army Special Operations Command (USASOC), memorandum, dated 25 August 1995, which authorized the applicant to accept and wear the Polish Land Forces Parachute Badge.

7.  On 11 March 1999, Headquarters, 10th Special Forces Group (SFG), issued Travel Orders Number 03-347.  These orders directed the applicant's temporary duty assignment to Bosnia-Herzegovina in support of Operation Joint Forge for 115 days.

8.  The applicant's OMPF also contains the following four orders that awarded the applicant the AAM for the periods indicated:  Headquarters, 82nd Airborne Division, Permanent Orders 107-115, dated 12 June 1986, for meritorious service during the period 30 May 1986 through 13 June 1986; Headquarters, 82nd Airborne Division, Permanent Orders 187-17, dated 13 October 1987, for meritorious service during the period 17 May 1984 through 14 December 1987; Headquarters, 4th Battalion, 12th Infantry Regiment, Permanent Orders 32-3, dated 11 June 1992, for meritorious service during the period 26 October 1989 through 25 April 1992; and Headquarters, 10th SFG, Permanent Orders 347-3, dated 15 December 1995, for meritorious achievement during the period 26 October 1995 through 10 November 1995.

9.  The applicant's OMPF also contains the following three orders that awarded the applicant the ARCOM for meritorious service or achievement during the periods indicated:  Headquarters, 2nd Brigade, 8th Infantry Division, Permanent Orders 66-5, dated 2 November 1991, for meritorious achievement on 22 November 1991; Headquarters, 10th SFG, Permanent Orders 342-7, dated 8 December 1997, for meritorious service during the period 20 July 1993 through 1 January 1998; and Headquarters, Joint Readiness Training Center (JRTC) and Fort Polk, Permanent Orders 034-03, dated 27 February 2003, for meritorious service during the period 1 September 2002 through 1 December 2002.

10.  The applicant's OMPF also contains the following three orders that awarded the applicant the MSM for meritorious service or achievement during the periods indicated:  Headquarters, USASOC, Permanent Orders 182-33, dated 30 June 2000, for meritorious service during the period 1 July 1994 through 20 July 2000; Headquarters, JRTC, Permanent Orders 98-09, dated 4 April 2003, for meritorious service during the period 17 May 2000 through 15 May 2003; and Headquarters, U.S. Army Special Forces Center, Permanent Orders 356-13, dated 22 December 2005, for meritorious service during the period 18 October 1995 to 17 October 2005.

11.  On 15 May 2004, Department of Defense Combined Joint Special Operations Task Force issued Permanent Orders 137-030 which awarded the applicant the CIB for satisfactory performance of duty while under hostile fire during the period 2 March 2004 to 10 April 2004.

12.  On 21 June 2004, Headquarters, 10th SFG, Permanent Orders 173-088 awarded the applicant the Bronze Star Medal (BSM) for meritorious achievement in support of Operation Iraqi Freedom (OIF) during the period 21 January 2004 to 1 June 2004.

13.  The applicant's DA Form 2-1 (Personnel Qualification Record) contains an entry in item 5 (Oversea Service) that shows he completed 30 months of service in Germany from 25 October 1989 to 24 April 1992.

14.  On 31 October 2005, the applicant retired.  The DD Form 214 issued at that time shows he completed a total of 20 years and 2 days of creditable active military service.  Item 12a contains the entry "1985 10 29" and item 12f contains the entry "0002 06 00."  Item 13 shows he earned the following awards during his tenure on active duty:  MSM (2nd Award), ARCOM, AAM, Army Good Conduct Medal (AGCM) (6th Award), National Defense Service Medal (NDSM), AFEM, Armed Forces Service Medal (AFSM), Noncommissioned Officer Professional Development Ribbon (NCOPDR), Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), North Atlantic Treaty Organization (NATO) Medal, SF Tab, Expert Infantryman Badge, Master Parachutist Badge, Senior Parachutist Badge, Parachutist Badge, Scuba Diver Badge, Marksman Marksmanship Qualification Badge, and Global War on Terrorism Service Medal (GWOTSM).

15.  Item 14 of the applicant's final DD Form 214 does not include Special Forces Assessment and Selection and SOF Functional Language PL courses.  Item 18 (Remarks) includes the entry "SERVICE IN SWA 2004/01/15-2004/06/30" to signify his service in Southwest Asia.

16.  A review of the applicant's Defense Finance and Accounting Service (DFAS) military pay record shows he also received imminent danger pay/hostile fire pay for service in Bosnia-Herzegovina from 31 March 1999 through 4 May 1999.

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4(12) of this regulation stipulates that the information in item 12a will be the beginning date of the continuous period of active duty for which another DD Form 214 was not previously issued.  The instructions for item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.

18.  Paragraph 2-4h(13) of Army Regulation 635-5 states to list awards and decorations for all periods of service in priority in item 13 and paragraph 2-4h(14) states that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed in item 14.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.  The instructions for item 18 specify, in pertinent part, that for active duty Soldiers deployed with his or her unit, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be included.

19.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 1-21 provides for succeeding awards.  It states, in pertinent part, that for each succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster or numeral device will be awarded.

20.  Paragraph 2-12 of Army Regulation 600-8-22 contains guidance on awarding the AFEM.  It states, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  It further indicates that it was authorized for service in the Former Republic of Yugoslavia in support of Operation Joint Forge from 21 June 1998 to a date to be determined.  The AFEM has not been authorized for service in Southwest Asia operations since 18 March 2003 and has not been authorized for service in support of OIF.

21.  Paragraph 2-17 of Army Regulation 600-8-22 contains guidance on the Iraq Campaign Medal (ICM) and states, in pertinent part, that it is authorized for service in Iraq from 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  A campaign star is authorized with this award for each Iraq campaign a member is credited with participating in.  During the applicant's tenure of assignment, participation credit was granted for the Transition of Iraq (2 May 2003-28 June 2004) and Iraqi Governance (29 June 2004-15 July 2005) campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his final DD Form 214 should be corrected to properly document the date he entered that period of active duty service was carefully considered and found to have merit.  By regulation, item 12a of the DD Form 214 will be the beginning date of the continuous period of active duty for which another DD Form 214 was not previously issued.

2.  The evidence of record confirms the applicant was issued a DD Form 214 for a previous period of active duty service that ended on 16 December 1987.  It further confirms he reentered active duty in the RA and began the continuous period of active duty service covered by the DD Form 214 in question on 18 October 1989, as evidenced by a DD Form 4 on file in his record.  Accordingly, item 12a of the applicant's final 31 October 2005 DD Form 214 should be corrected by deleting the current entry in item 12a and replacing it with the entry "1989 10 18."

3.  The evidence of record also confirms the applicant completed 30 months or 2 years and 6 months of service in Germany, as evidenced by his DA Form 2-1.  It also shows he completed an additional 2 months and 15 days of overseas service in Bosnia-Herzegovina from 1 April 1999 to 15 June 1999, as evidenced by the TDY orders he provided and his DFAS record.  He completed 5 months and 16 days of overseas service in SWA in support of OIF from 15 January 2004 to 30 June 2004, as evidenced by documents on file in his OMPF and the entry in item 18 of his final DD Form 214.  Therefore, it would be appropriate to correct item 12f of this DD Form 214 to show he completed 3 years, 2 months, and 1 day of overseas service during the period covered by the DD Form 214.

4.  In addition, based on the applicant's overseas service in Iraq and Bosnia-Herzegovina, the ICM should be added to item 13 of his final DD Form 214 and the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990401-19990615" should be added to item 18.  Further, the current entry pertaining to SWA service in item 18 should be corrected to reflect his service was performed in Iraq.

5.  The evidence of record also confirms that the applicant was awarded the BSM, CIB, three awards of the MSM, three awards of the ARCOM, and four awards of the AAM, as evidenced by orders and certificates on file in his OMPF.  Further, his record confirms he was awarded the Polish Land Forces Parachute Badge and that this award was authorized for acceptance and wear by proper authority.  Therefore, it would be appropriate to add all of these awards and decorations to item 13 of his final DD Form 214 at this time.

6.  By regulation, item 14 of the DD Form 214 should document formal in-service (full-time attendance) training courses, minus any combat skills courses, successfully completed during the period of service covered by the DD Form 214.  The evidence of record confirms the applicant successfully completed the SF Assessment and Selection Course on 26 November 1991 and the PL SOF Functional Language Course on 18 June 1993.  Notwithstanding the regulatory provision to omit combat-related courses from item 14 of the DD Form 214, Special Forces courses are unique and train in various skill sets that have civilian application that may not be readily apparent.  Therefore, it would appropriate to add these courses to item 14 of his final DD Form 214 in the interest of equity and justice.

7.  The evidence of record confirms the applicant is eligible for the AFEM for his service in support of Operation Joint Forge in Bosnia-Herzegovina and that this award is currently reflected item 13 of his DD Form 214.  However, the AFEM has not been authorized for service in Southwest Asia subsequent to 18 March 2003 and it has not been authorized for service in support of OIF.  Therefore, there is an insufficient evidentiary basis to support his request for a second AFEM.

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 amending the applicant's 18 October 2005 or final DD Form 214 as follows:

	a.  item 12a - delete current entry and replace it with the entry "1989 10 18";

	b.  item 12f - delete current entry and replace it with the entry "0003 02 01";

	c.  item 13 - delete the Meritorious Service Medal (2nd Award), Army Commendation Medal, and Army Achievement Medal and add the Bronze Star Medal, Meritorious Service Medal with 2nd Oak Leaf Cluster (3rd Award), Army Commendation Medal with 2nd Oak Leaf Cluster (3rd Award), Army Achievement Medal with 3rd Oak Leaf Cluster (4th Award), Iraq Campaign Medal, Combat Infantryman Badge, and Polish Land Forces Parachute Badge;

	d.  item 14 - add the entries "Special Forces Assessment and Selection Course, 4 weeks, November 1991" and "Polish Special Operations Forces Functional Language Course, 22 weeks, June 1993";

	e.  item 18 - delete the current SWA service entry and replace it with the entry "SERVICE IN IRAQ FROM 20040115-20040630" and add the entry "SERVICE IN BOSNIA-HERZEGOVINA FROM 19990401-19990615"; and

	f.  provide him with a correction to his DD Form 214 that includes these changes.

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 second award of the Armed Forces Expeditionary Medal.



      ____________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)                                         AR20090007225



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ABCMR Record of Proceedings (cont)                                         AR20090007225



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