IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090007509 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 18 May 1998, be corrected to include all of his awards and decorations; all of his military education; and his periods of deployment to the Jungle Operations Training Center (JOTC).  He also contends that his DD Form 214 should be updated to include the previous corrections.

2.  The applicant states, in effect, the above items are missing from his DD Form 214 for the period of active duty ending 18 May 1998.  Also, he requests that his last printed DD Form 214 be updated to include the earlier corrections that were made to his DD Form 214.

3.  The applicant provides his DD Form 214, dated 18 May 1998; two DD Forms 215 (Correction to DD Form 214); four certificates for completion of military training courses; four certificates for award of the Army Achievement Medal; two DA Forms 638-1 (Recommendation for Award); and orders for award of the Expert Infantry Badge (Silver).  

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, with 4 years, 2 months, and 22 days of prior service in the Army National Guard, enlisted in the Regular Army on 31 May 1990.  

3.  He served honorably and was discharged on 22 August 1994.  He enlisted on 7 February 1995 and again on 6 March 1997.  He was discharged under honorable conditions on 18 May 1998.  The available records show he was assigned to Company A, 2nd Battalion, 504th Parachute Infantry Regiment during both of periods of Regular Army service.

4.  On 21 May 2001, the Army Discharge Review Board granted the applicant an upgrade of the characterization of his service to honorable.  

5.  A DD Form 215 was issued on 10 July 2003 to correct the applicant's reentry eligibility code on his DD Form 214 for the period ending 21 May 1998 (hereafter referred to as the 1998 DD Form 214).

6.  The available service record provides the following evidence concerning awards that should be included on the 1998 DD Form 214.  

	a.  The applicant's record contains award orders for the (U.S. Army) Parachutist Badge, dated 27 June 1990; the Combat Infantryman Badge, dated 18 May 1991; and the (U.S. Army) Expert Infantryman Badge, dated 27 August 1993;

	b.  The record contains copies of four award certificates for the Army Achievement Medal and the certificates show Permanent Orders Number 14-8, dated 3 August 1994, awarded the Army Achievement Medal for the period 18 August 1990 to 16 January 1991; Permanent Orders Number 11-55, dated 3 August 1994, awarded the Army Achievement Medal during the 4/94 Joint Readiness Training Center (JRTC) Rotation; Permanent Orders Number 22-91, dated 8 October 1996, awarded the Army Achievement Medal for the outstanding performance and dedication to duty; Permanent Orders Number 23-10, dated 5 November 1996, awarded the Army Achievement Medal during JRTC Rotation 97-01.



	c.  The record contains copies of four DA Forms 638-1 that provided the following information:

		(1)  the 7 March 1994 DA Form 638-1 for the Army Achievement Medal with 1st Oak Leaf Cluster shows his prior awards as the Army Service Ribbon, the Army Achievement Medal, the Southwest Asia Service Medal, the Kuwait Liberation Medal, the National Defense Service Medal, and the Humanitarian Service Medal;

		(2)  the 3 August 1994 DA Form 638-1 for award of the Army Commendation Medal shows his prior awards as the Army Achievement Medal (two awards), the National Defense Service Medal, the Southwest Asia Service Medal, the Kuwait Liberation Medal, and the Humanitarian Service Medal.  It shows the applicant participated in Operation Desert Shield/Desert Storm and Operation Hurricane Andrew Relief and he was deployed with his unit to the JOTC and the Joint Readiness Training Center;  

		(3)  the 5 August 1996 DA Form 638-1 for award of the Army Achievement Medal for meritorious achievement shows his prior awards as the Army Achievement Medal (two awards), the Army Commendation Medal, and the Good Conduct Medal; and 

		(4)  the 7 November 1996 DA Form 638-1 awarded the applicant the Army Achievement Medal for his personal achievement during the period 11 through 21 October 1996 during the JRTC rotation 97-01.  The block for previous awards is blank.

	d.  The 1994 DD Form 214 lists the applicant's awards as the Army Service Medal, the Army Lapel Button, the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Kuwait Liberation Medal-Saudi Arabia, the Parachutist Badge, the Army Achievement Medal, the Army Good Conduct Medal, the Combat Infantryman Badge, and the Expert Infantryman Badge.

	e.  On 15 January 1997, the applicant was awarded the Bronze Parachutist Badge by the German Federal Armed Forces;

	f.  An undated German certificate shows the applicant was awarded and authorized to accept the silver level German Military Sportsman Performance Badge;

	g.  An undated German certificate shows the applicant qualified for and was awarded of the German [Armed Forces] Expert Infantry Badge;

	h.  On 19 September 1997, Headquarters, 82nd Airborne Division Permanent Orders Number 262-15 authorized the applicant the Expert Infantry Badge (Silver);

	i.  The 1998 DD Form 214 lists the applicant's awards as the Army Lapel Button, the Army Commendation Medal, the Army Achievement Medal (3rd award), the Army Good Conduct Medal, the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Army Service Medal, Kuwait Liberation Medal-Saudi Arabia, the Kuwait Liberation Medal- Kuwait, the Expert Marksmanship Qualification Badge with Rifle Bar, the Combat Infantryman Badge, the Expert Infantryman Badge, the Parachutist Badge, and the British Army Parachutist Wings;

	j.  A DD Form 215 was issued on 29 August 2003, adding the Expert Infantryman Badge and the German Parachutist Badge to the 1998 DD Form 214;

	k.  The DA Form 2-1 (Personnel Qualification Record) utilized during the applicant's first enlistment lists the applicant's awards as the Army Service Ribbon, the Parachutist Badge, the National Defense Service Medal, the Combat Infantryman Badge, the Southwest Asia Service Medal with two bronze service stars, the Army Service Medal, Kuwait Liberation Medal-Saudi Arabia, the Kuwait Liberation Medal- Kuwait, the Expert Infantryman Badge, the Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars;

	l.  The available record does not contain any qualification record form for the applicant's second period of service; and

	m.  A review of the historical records for Operation Hurricane Andrew Relief shows Company A, 2nd Battalion, 504th Parachute Infantry Regiment was deployed to Homestead, Florida during this operation. 

7.  The available record contains the following evidence concerning the military education courses that the applicant completed: 

	a.  The record contains U.S. Army certificates of completion for the following training:

		(1)  a 3-week Airborne Course, on 6 July 1990;
		(2)  a 1-week Field Sanitation Team Training Course, on 1 August 1991;

		(3)  a 1-week Energy Conservation Course, on 17 September 1993;

		(4)  a 3-hour Joint Services Interior Intrusion Detection System Course, on 21 November 1995; 

		(5)  the Primary Leadership Development Course, on 7 March 1996; and 

		(6)  a Jungle Warfare Course at Fort Sherman, Panama, on 19 June 1997. 

	b.  A German certificate of completion for completed of the 8-day Winter Cross Country Ski Training Course, on 24 January 1997;

	c.  The 1994 DD Form 214, at block 14 (Military Education), states none; and

	d.  The 1998 DD Form 214, at block 14, shows the Primary Leadership Development Course (PLDC), 4-weeks, 1996.

8.  The service records provide the following information on the issue of the applicant's periods of deployments on the 1998 DD Form 214.  

	a.  Block 12f (Foreign Service) on the 1994 DD Form 214 shows 7 months and 17 days and block 18 (Remarks) shows service in Southwest Asia from 17 August 1990 through 3 May 1991; 

	b.  The applicant is shown to have served in support of the Joint Forces Operation Exercise Purple Star/Royal Dragon '96 from 14 through 20 May 1996.  This exercise was conducted in the continental United States;

	c.  The 1998 DD Form 214 for the period ending 18 May 1998 at block 12f is blank; and

	d.  The DA Form 2-1 utilized during the applicant's first enlistment lists overseas service from 17 August 1990 through 3 May 1991. 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that: 

	a.  the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must 
have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation;

	b.  Table C-1 shows that the Hurricane Andrew Disaster Relief Operation (23 August to 10 November 1992 in Florida and 26 August to 8 October 1992 in Louisiana) was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal; 

	c.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement medal; 

	d.  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 awards.  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; 

	e.  Commanders 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; and

	f.  Appendix D (authorized foreign badges) includes the British Army Parachutist Wings, the Silver German Expert Infantryman Badge, the Bronze German Armed Forces Parachutist, and the Silver German Military Sportsman Performance Badge.

10.  Department of the Army Pamphlet 351-4 (The Army Formal Schools Catalog), in effect at the time, shows the Field Sanitation Team Training Course was 1-week in duration.

11.  Army Regulation 635-5 (Separation Document) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it provides the following: 

	a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be issued to reflect the Soldier's service since the issuance of the last DD Form 214.  For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates);
	b.  a DD Form 214 is to be reissued when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215, if the correction would require issuance of more than two DD Forms 215, or when two DD Forms 215 have been issued and an additional correction is required; 

	c.  Block 12f is the total amount of foreign service completed during the period covered by the DD Form 214; 

	d.  Block 13 (Decorations, Medals, Badges, Citations And Campaign Ribbons Awarded Or Authorized) is to list the awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Abbreviations are not to be used; and

	e.  Block 14 is the list of formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore,  do not list training courses for combat skills.  When in doubt, refer to the course description in Department of the Army Pamphlet 351-4 to determine its usefulness to the Soldier after transitioning from the Army. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 for the period of active duty ending 18 May 1998 should be corrected to include all of his awards and decorations, all of his military educational, and his periods of deployment to the JOTC.  He also contends that his DD Form 214 should be updated to include the previous corrections.

2.  The applicant had two periods of Regular Army service for which he received two separate DD Forms 214.  Except for the awards block, each DD Form 214 should reflect only that information pertaining to his service during the inclusive dates of the specific DD Form 214.  This means unless it is specifically directed, as with awards, information from an earlier DD Form 214 is not duplicated on a later DD Form 214.

3.  Neither the current nor previous editions of Army Regulation 635-5 include a requirement to display deployments for the purpose of training.  Therefore, it would not be appropriate to correct block 18 on the applicant’s 1998 DD Form 214 to reflect his JOTC deployments.


4.  Based on the available records it appears that the applicant served overseas at different locations and times that are not reflected on his 1998 DD Form 214.  However, the available evidence is insufficient to determine the specific locations and/or periods of this service.  Therefore, due to a lack of evidence block 12f cannot be corrected at this time.

5.  During his first period of active duty, he completed a 3-week Airborne Course in 1990, a 1-week Field Sanitation Team Training Course in 1991, and a 1-week Energy Conservation Course in 1993.  These courses were omitted from his 1994 DD Form 214 and it is appropriate to correct the 1994 DD Form 214 to include these courses. 

6.  During his second period of Regular Army service, in addition to the PLDC listed on the 1998 DD Form 214, the applicant also completed an 8-day German Armed Forces Winter Cross Country Ski Training Course in 1997.  It is appropriate to include it on the 1998 DD Form 214.

7.  Regulations state that training courses for combat skills are not recorded on the DD Form 214.  The Joint Services Interior Intrusion Detection System Course and the Jungle Warfare Course are considered combat skills courses and should not be reflected on the DD Form 214.

8.  The record contains four Army Achievement Medal award citations with Permanent Orders Numbers.  Two of the three DA Forms 638-1 for award of the Army Achievement Medal show prior awards of this medal.  By combining these factors there is sufficient evidence to support that the applicant was awarded a total of four Army Achievement Medals.  Therefore, his 1998 DD Form 214 should be corrected to show award of the Army Achievement Medal with three Oak Leaf Clusters.

9.  Two of the DA Forms 638-1 also show that the applicant was awarded the Humanitarian Service Medal.  Combining these notations with the historical records of the unit is sufficient to show the applicant was awarded the Humanitarian Service Medal.  Therefore, his 1998 DD Form 214 should be corrected to include these awards.

10.  The record contains orders awarding the applicant the German Expert Infantryman Badge and U.S. Army orders awarding him the Expert Infantryman Badge, Silver.  Since the U.S. Army does not have a "silver" level Expert Infantryman Badge, it is reasonable to accept that both sets of orders refer to the same foreign badge and that the U.S. orders are the formal authorization to accept and wear the Silver German Expert Infantryman Badge.

11.  Therefore, the applicant's records should be corrected to show that, in addition to the U.S. Army Expert Infantryman Badge, the applicant was also awarded the Silver German Expert Infantryman Badge.

12.  The German Armed Forces awarded the applicant the Bronze German Armed Forces Parachutist Badge and the Silver German Military Sportsman Performance Badge but no corresponding U.S. authorization is of record.  However, associated with the authorization for the Silver German Expert Infantryman Badge is an addendum stating regulations precluded a Soldier from wearing more than one foreign badge.  

13.  Appendix D of Army Regulation 600-8-22 shows the Bronze German Armed Forces Parachutist Badge and the Silver German Sportsman Badge [Silver German Military Sportsman Performance Badge] as authorized awards for U. S. Soldier.  Therefore, it is appropriate show the applicant was authorized to accept these badges and to include them on his 1998 DD Form 214.

14.  Additionally, not all of the awards listed on the 1994 DD Form 214 were carried forward to the 1998 DD Form 214.  The 1998 DD Form 214 was previously corrected twice to include award of the Expert Infantryman Badge, the Parachutist Badge, and to change his RE code.

15.  In light of the above recommended corrections and the two prior corrections to the 1998 DD Form 214, a new DD Form 214 should be reissued for the period 7 February 1995 through 18 May 1998 to include the following corrections:

	a.  block 13 to show the Army Commendation Medal, the Army Achievement Medal with three Oak Leaf Clusters, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Medal, the Humanitarian Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal-Saudi Arabia, the Kuwait Liberation Medal- Kuwait, the Army Lapel Button, the Combat Infantryman Badge, the Expert Infantryman Badge, the Parachutist Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, the British Army Parachutist Wings, the Silver German Armed Forces Expert Infantryman Badge, the Bronze German Armed Forces Parachutist Badge, and the Silver German Military Sportsman Performance Badge;

	b.  adding to the training in block 14 the 8-day German Armed Forces Winter Cross Country Ski Training Course in 1997; and

	c.  deleting the RE code in block 27 and adding the RE code of 3.

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:

	a.  amending the 1994 DD Form 214 to include completion of a 3-week Airborne Course, in 1990, a 1-week Field Sanitation Team Training Course in 1991, and a 1-week Energy Conservation Course in 1993; and

	b.  reissuing the applicant a DD Form 214 for the period 7 February 1995 through 18 May 1998 with inclusion of the following corrections:

		(1)  block 13 the Army Commendation Medal, the Army Achievement Medal with three Oak Leaf Clusters, the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Medal, the Humanitarian Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal-Saudi Arabia, the Kuwait Liberation Medal- Kuwait, the Army Lapel Button, the Combat Infantryman Badge, the Expert Infantryman Badge, the Parachutist Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, the British Army Parachutist Wings, the Silver German Armed Forces Expert Infantryman Badge, the Bronze German Armed Forces Parachutist Badge, and the Silver German Military Sportsman Performance Badge;

		(2)  adding to the training in block 14 the 8-day German Armed Forces Winter Cross Country Ski Training Course in 1997; and

		(3)  deleting the RE code of 4 and in block 27 and adding the RE code 
of 3.


2.  The Board further determined 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 the 1998 DD Form 214 to include attendance of the Joint Services Interior Intrusion Detection System Course, the Jungle Warfare Course, the educational courses he completed during his first period of service, or a reference to his JOTC or other deployments.




      ______ _   _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)                                         AR20090007509



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090007509



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1