BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090015023 


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, correction of his 30 April 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Vietnam, Grenada, Panama, and Southwest Asia and all awards and decorations to which he may be entitled for these duty assignments.  He also requests correction of his records to show award of the Meritorious Service Medal, Purple Heart, Combat Infantryman Badge, Bronze Star Medal, Expert Infantryman Badge, Presidential Unit Citation, several awards of the Oversea Service Ribbon, several awards of the Armed Forces Expeditionary Medal, Multinational Forces Award (correctly known as the Multinational Force and Observers (MFO) Medal), Defense Meritorious Service Medal, and the Joint Achievement Medal (correctly known as the Joint Service Achievement Medal),  He also requests correction of his military records to show his military occupational specialty (MOS) as 11B (infantryman).

2.  The applicant states

* DD Forms 214 (Report of Separation from Active Duty/Certificate of Release or Discharge from Active Duty) are in error
* he attended basic combat training and never went to advanced individual training
* he completed on-the-job training in MOS 11B (light weapons infantryman)
* he arrived in Vietnam on 11 July 1972
* he received the Expert Infantryman Badge within 4 weeks in country


* he was picked up for reconnaissance with sniper teams assigned to the 82nd Airborne
* during his first firefight he was wounded on his left arm and a medic patched him up with 40 stitches
* he received the Combat Infantryman Badge for combat actions in Vietnam
* he received the Presidential Unit Citation for actions in Vietnam
* he left Vietnam around April 1973
* no one asked him questions concerning his combat tour or awards during his first enlistment
* he enlisted while in Panama
* he served in Operations Desert Shield/Storm
* all errors on his DD Forms 214 were detected while filing a Department of Veterans Affairs claim

3.  The applicant provides

* DD Forms 149 (Application for Correction of Military Records) dated 15 August 2009, 9 September 2009, and 11 September 2009
* Military Service Data documentation
* DD Forms 214 for the periods ending 30 April 1992, 14 September 1978, and 2 July 1974
* DA Form 2A (Personnel Qualification Record - Part I)
* DA Form 2-1 (Personnel Qualification Record - Part II)
* Enlisted Evaluation Reports (EER) covering the periods December 1987 through April 1988 and August 1987 through November 1987
* MOS orders

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 1 May 1972 for a period of 
3 years.  Records show the applicant received nonjudicial punishment on 
20 November 1972 at Fort Bragg, NC.  His EER for the period November 1973 through January 1974 shows his primary MOS was 57A (Duty Soldier).  He was honorably discharged on 2 July 1974 for immediate reenlistment.

3.  The applicant's DD Form 214 for the period ending 2 July 1974 shows his primary MOS was 57A and he had no foreign service.  This DD Form 214 shows the National Defense Service Medal as an authorized award.

4.  There is no evidence of record which shows the applicant served in Vietnam.

5.  The Military Service Data documentation provided by the applicant shows an "N" [No] for Purple Heart and Vietnam Service.

6.  The applicant reenlisted on 3 July 1974 for a period of 3 years.  He was awarded MOS 57E (laundry and bath specialist) on 23 October 1974.  He served in Panama from 26 August 1975 to 19 October 1978.  He was honorably discharged on 14 September 1978 for immediate reenlistment.

7.  The applicant's DD Form 214 for the period ending 14 September 1978 shows he had 3 years and 19 days of foreign service.  This DD Form 214 shows the National Defense Service Medal as an authorized award.  Block 27 (Remarks) on this DD Form 214 shows, among other entries, that his last overseas assignment was Panama.

8.  The applicant reenlisted on 15 September 1978 and remained on active duty through continuous reenlistments.  He served in Grenada from 27 October 1983 to 12 December 1983.  He served in MOS 54B (chemical operations specialist) and was promoted to the rank/grade of sergeant first class (SFC)/E-7 on 1 June 1986.  He served in Korea from 8 December 1986 through 7 December 1987.  Headquarters, 2nd Infantry Division, Orders 142-47, dated 29 May 1987, show he was awarded the secondary MOS of 11B4P [airborne qualified infantryman].  He served in Panama from 20 December 1989 to 12 January 1990.  On 30 April 1992, the applicant retired in the rank of SFC.

9.  Block 11 (Primary Specialty (List number, title, and years and months in specialty.  List additional numbers and titles involving periods of one or more years.)) shows the entry "54B4P  CHEMICAL OPERATIONS SPECIALIST  
13 YRS."


10.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
30 April 1992 shows the following awards:

* Army Achievement Medal with 1st oak leaf cluster
* Master Parachutist Badge
* Army Service Ribbon
* National Defense Service Medal with bronze service star
* Army Commendation Medal with 2nd oak leaf cluster
* Noncommissioned Officer Professional Development Ribbon with
Numeral 3
* Army Good Conduct Medal (6th award)
* Overseas Service Ribbon with Numeral 2
* British Parachutist Badge
* Armed Forces Expeditionary Medal (for service in Grenada and Panama)
* Master Parachutist Combat Badge with bronze service star

11.  Item 5 (Oversea Service) on the applicant's DA Form 2-1 shows he served in Panama from 26 August 1975 through 19 October 1978 and in Korea from
8 December 1986 through 7 December 1987.

12.  The Defense Manpower Data Center (DMDC) compiled the Operation Desert Shield/Desert Storm Data Base.  The primary Operation Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

13.  The Operation Desert Shield/Storm Data Base compiled by the DMDC shows the applicant served in Southwest Asia from 1 September 1990 to 31 July 1991.

14.  There are no orders for the Purple Heart, Combat Infantryman Badge, Meritorious Service Medal, Bronze Star Medal, Expert Infantryman Badge, Defense Meritorious Service Medal, or the Joint Service Achievement Medal in the available records.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1 does not show entitlement to these awards.

15.  There is no evidence of record which shows the applicant served with the MFO at least 90 days cumulative after 3 August 1981 or that after 15 March 1985 he served six months (170 days minimum) with the MFO.


16.  The applicant provided EERs for the periods August 1987 to November 1987 and December 1987 to April 1988 which show his primary MOS was 54B4P and his secondary MOS was MOS 11B4O.  His DA Form 2-1, prepared on 13 July 1990, shows his primary MOS was 54B4P.

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 11 enter from the Enlisted Record Brief the titles of all MOS held for at least 1 year and include for each MOS the number of years and months of service.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18.  Additionally, there is no provision to show temporary duty assignments or any assignment other than the unit of assignment upon separation on the DD Form 214.

18.  Army Regulation 600-8-22 (Military Awards) states the Meritorious Service Medal is awarded to members of the Armed Forces of the United States who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

20.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, 
Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

21.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an


armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As
with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

22.  Army Regulation 600-8-22 states award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

23.  Army Regulation 600-8-22 states the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

24.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals, starting with numeral 2, are used to denote the second and subsequent awards of the Overseas Service Ribbon.

25.  Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 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 been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award includes participation in Grenada from 23 October to 21 November 1983 and Panama from 10 December 1989 to 31 January 1990.

26.  Army Regulation 600-8-22 provides for award of the MFO Medal which was accepted by the President on 28 July 1982.  To qualify for the award, personnel 
must have served with the MFO at least 90 days cumulative after 3 August 1981.  Effective 15 March 1985, personnel must serve six months (170 days minimum) with the MFO to qualify for the award.


27.  Army Regulation 600-8-22 states the Defense Meritorious Service Medal is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States, who, after 3 November 1977, distinguished themselves by noncombat meritorious achievement or service.

28.  Army Regulation 600-8-22 states the Joint Service Achievement Medal was authorized by the Secretary of Defense on 3 August 1983.  It is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service.

29.  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 (SWASM) 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), Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

30.  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.

31.  The Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-KU) 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.

32.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to amend his military records to show MOS 11B was found to have merit.  Evidence of record shows he was awarded a secondary MOS of 11B effective 29 May 1987.  Therefore, there is sufficient evidence in which to amend his 30 April 1992 DD Form 214 to show he held MOS 11B for
4 years and 11 months.


2.  The applicant contends he served in Vietnam from July 1972 to April 1973, he was wounded in action in Vietnam, he received the Combat Infantryman Badge for combat actions in Vietnam, and he received the Presidential Unit Citation for actions in Vietnam were noted.  However, there is no evidence of record which shows he served in Vietnam.  Records show the applicant received nonjudicial punishment at Fort Bragg on 20 November 1972.   The Military Service Data document provided by the applicant shows he did not serve in Vietnam.  Therefore, there is insufficient evidence on which to amend his military records to show he served in Vietnam or to show award the Purple Heart, Combat Infantryman Badge, or the Presidential Unit Citation.

3.  Although the applicant requests his DD Form 214 be corrected to show his duty assignments in Grenada and Panama, the governing regulation states that there is no provision to show any assignment other than the unit of assignment upon separation on the DD Form 214.  

4.  Based on the applicant's service in Grenada and Panama (1989/1990), he is eligible for two awards of the Armed Forces Expeditionary Medal which is properly shown on his DD Form 214 for the period ending 30 April 1992.  Based on the available information, there is insufficient evidence on which to base additional awards of the Armed Forces Expeditionary Medal in this case.

5.  The entry from the DMDC is accepted as sufficient evidence on which to amend block 18 on the applicant's DD Form 214 for the period ending 30 April 1992 to show his dates of service in Southwest Asia.  Therefore, block 18 on the applicant's DD Form 214 should be corrected to show he served in Southwest Asia from 1 September 1990 to 31 July 1991.

6.  Based on the applicant's service in Southwest Asia during the period 
1 September 1990 to 31 July 1991, he is eligible to award of the SWASM with three bronze service stars, the KLM-SA, and the KLM-KU.  Therefore, his DD Form 214 for the period ending 30 April 1992 should be corrected to show award of the SWASM with three bronze service stars, the KLM-SA, and the KLM-KU.

7.  There are no orders for the Meritorious Service Medal, Bronze Star Medal, Expert Infantryman Badge, Defense Meritorious Service Medal, or the Joint Service Achievement Medal in the available records.  Therefore, there is insufficient evidence on which to amend the applicant's military records to show these awards.

8.  Based on the applicant's overseas tour completion in Panama (1975 - 1978) and Korea (1986 - 1987), he is eligible for two awards of the Overseas Service 


Ribbon, which is properly shown on his DD Form 214 for the period ending
30 April 1992.  There is insufficient evidence on which to base additional awards of the Overseas Service Ribbon in this case.

9.  There is no evidence of record which shows the applicant served with the MFO at least 90 days cumulative after 3 August 1981 or that he served six months (170 days minimum) with the MFO after 15 March 1985.  Therefore, there is insufficient evidence on which to amend his military records to show the MFO Medal.

10.  The applicant served a period of qualifying service for award of the KDSM.  Therefore, his DD Form 214 for the period ending 30 April 1992 should be corrected to show the KDSM.

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.  adding to Block 11 of his 30 April 1992 DD Form 214 the entry "11B4P  LIGHT WEAPONS INFANTRYMAN  4 YRS 11 MOS";

	b.  adding to Block 13 of his 30 April 1992 DD Form 214 the SWASM with three bronze service stars, KLM-SA, KLM-KU, and the KDSM; and

	c.  adding to Block 18 of his 30 April 1992 DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19900901-19910731."

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 amending his 30 April 1992 DD Form 214 to show:

* duty assignments in Vietnam, Grenada, or Panama
* Meritorious Service Medal
* Purple Heart
* Combat Infantryman Badge
* Bronze Star Medal
* Expert Infantryman Badge
* Presidential Unit Citation
* Defense Meritorious Service Medal
* MFO Medal
* Joint Service Achievement Medal
* additional awards of the Armed Forces Expeditionary Medal
* additional awards of the Overseas Service Ribbon



      _____________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)                                         AR20090015023



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ABCMR Record of Proceedings (cont)                                         AR20090015023



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