IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100010284 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  Item 12f (Foreign Service) to show he completed 6 months and 15 days instead of 4 months and 7 days of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show awards of:  

* Southwest Asia Service Medal
* Parachutist Badge
* Expert Marksmanship Qualification Badge (No specific Bar)
* His 3-year service ribbon [sic] (Army Good Conduct Medal)

	c.  Item 14 (Military Education) to show completion of the Basic Airborne Course and Combat Medic Course.

2.  The applicant states he should have been issued the Southwest Asia Service Medal for his service in Kuwait.  He adds that he attended jump school at Fort Benning, GA, and combat medic school at Fort Riley, KS.  Further, his 3-year service ribbon and Expert Marksmanship Qualification Badge are not listed on his DD Form 214.  Additionally, he completed 6 months and 15 days in Kuwait with combat pay but his DD Form 214 does not reflect this.

3.  The applicant did not provide any additional documents.

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 records show he enlisted in the Regular Army for a period of 4 years on 9 September 1998.  He subsequently completed one station unit training at Fort Leonard Wood, MO, and he was awarded military occupational specialty (MOS) 62J (General Construction Equipment Operator). 

3.  He then proceeded to Fort Benning, GA, on or around 12 March 1999 for completion of the Basic Airborne Course.  However, item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Enlisted Qualification Record) shows he did not complete this course. 

4.  He departed Fort Benning, GA, to Fort Riley, KS, on or about 12 May 1999 and he was subsequently assigned to Headquarters and Headquarters Company, 70th Engineer Battalion.

5.  Item 5 (Overseas Service) of his DA Form 2-1 shows he served in Kuwait from 15 August to 21 December 2000.

6.  He was honorably discharged on 12 December 2000 under the provisions of chapter 18 of Army Regulation 635-200 (Personnel Separations) by reason of weight control failure.  The DD Form 214 he was issued shows he completed 3 years, 3 months, and 4 days of creditable active service.  This form also shows the following entries:

* Item 12f shows the entry "0000  04  07"
* Item 13 shows the Army Achievement Medal, Armed Forces Expeditionary Medal, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar
* Item 14 shows the entry "General Construction Equipment Operator, 
6 Weeks, 1999"
* Item 17 (Remarks) shows the entry "Service in Kuwait:  20000815 - 20001221"

7.  A telephonic conversation, dated 15 October 2010, between the analyst of record and a staff member at the U.S. Army Airborne School, Fort Benning, GA, confirmed the applicant was enrolled in the Basic Airborne Course, in March 1999 at Fort Benning, GA.  However, he did not graduate.

8.  An email, dated 26 July 2010, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms the applicant received hazardous fire pay for service in Kuwait from 18 August 2000 to 31 December 2000.

9.  There is no indication in his records that he:

* Served in Kuwait/Saudi Arabia or any designated area during the Persian Gulf War between 2 August 1990 to 30 November 1995
* Completed formal training for combat medic or awarded MOS 91B (Medical Specialist)
* Was awarded an expert marksmanship badge with any weapon system
* Was recommended for or awarded the Good Conduct Medal 

10.  The analyst of record contacted the applicant at the phone number he listed on his application in an attempt to obtain supporting documents to substantiate his request; however, this phone number is no longer in service. 

11.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 
30 November 1995.

	b.  The Parachutist Badge is awarded to individual who have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

	c.  The Army 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 Army Good Conduct Medal, disqualification must be justified.  

	d.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  (Examples:  Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar).  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  

12.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states the following:

a.  Item 12f shows the total amount of foreign service covered by the 
DD Form 214;

   b.  Item 14 is obtained from the Enlisted Record Brief and shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed; and
   c.  Item 18 shows various entries including, 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)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his correct foreign service; awards of the Southwest Asia Service Medal, Parachutist Badge, Expert Marksmanship Qualification Badge, and Army Good Conduct Medal; and completion of the Basic Airborne Course and the Combat Medic Course. 

2.  With respect to his foreign service, the evidence of record shows he completed 4 months and 7 days of foreign service in Kuwait from 15 August 2000 to 21 December 2000.  This period of service is consistent with the entry on his DA Form 2-1 and his pay records, and is properly annotated on his DD Form 214.  Therefore, he is not entitled to correction of his foreign service to show completion of 6 months and 15 days.

3.  With respect to the Southwest Asia Service Medal, there is no evidence he participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  He served in Kuwait in August 2000, nearly 5 years after the termination date for this award.  Therefore, he is not entitled to this award.

4.  With respect to the Parachutist Badge, there is no evidence he satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or that he had participated in at least one combat parachute jump.  Therefore, he is not entitled to this badge. 

5.  With respect to the Good Conduct Medal, although he completed 3 years, 3 months, and 4 days of honorable active service, there is no evidence in his records and he did not provide any evidence that shows he was recommended for or awarded the Good Conduct Medal.  Additionally, he was discharged by reason of weight control program failure, which would have disqualified him from receiving this award.  Therefore, he is not entitled to the Good Conduct Medal.

6.  With respect to the Expert Marksmanship Qualification Badge, although he did not specify what weapon system, there is no evidence in his records and he 

did not provide any evidence to show he qualified expert with any weapon system.  Therefore, he is not entitled to this badge.  

7.  With respect to his training courses, there is no evidence in his records and he did not provide any evidence that shows he completed the Basic Airborne Course or the Combat Medic Course.  Therefore, he is not entitled to correction of his DD Form 214 to show either course. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20100010284



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ABCMR Record of Proceedings (cont)                                         AR20100010284



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