IN THE CASE OF:	  

		BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100015033 


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 records to show:

* Assignment to B Company, 6th Battalion, 502nd Infantry, Berlin Brigade, from 2 March 1991 to 31 August 1991
* Deployment to Silopi, Turkey, in support of Operation Provide Comfort from July 1991 to August 1991
* All awards and decorations associated with his deployment. 

2.  The applicant states Headquarters and Headquarters Company (HHC) and B Company of the 6th Battalion, 502nd Infantry, Berlin Brigade, deployed from July 1991 to October 1991 to Silopi, Turkey, in support of Operation Provide Comfort.  He deployed with B Company, 6th Battalion, 502nd Infantry, in early July 1991 but he was sent back to Germany in August 1991 due to his knee injury.  He was assigned to the rear detachment of the 6th Battalion until May 1992.  He was subsequently reassigned to B Company, 5th Battalion, 502nd Infantry, awaiting a medical discharge.  The reason for this reassignment was due to the 6th Battalion's subsequent deployment to Macedonia.  Since he was non-deployable, he could not deploy with his battalion.  His DA Form 2-1 (Personnel Qualification Record) does not show his assignment to the 6th Battalion nor does it show any activities after his arrival in Berlin in February 1989.  It is possible the Berlin Brigade's reorganization may have led to this administrative error.  The brigade went from the 4th, 5th, and 6th Battalions, to only the 5th and 6th Battalions.  He originally started out in the 4th Battalion but was reassigned to the 5th Battalion 

for 1 day and then on to the 6th Battalion like so many others.  He also states he should qualify for various awards due to his deployment to Turkey, specifically the Combat Patch, the Combat Infantryman Badge, and the Southwest Asia Service Medal.

3.  The applicant provides:

* DA Form 2-1
* Line of duty determination memorandum
* Chronological Record of Medical Care
* DA Form 3349 (Physical Profile)
* An internet article in the Berlin Observer

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 (RA) on 3 August 1987 and held military occupational specialty (MOS) 11B (Infantryman). He executed several extensions in the RA and attained the rank/grade of specialist/E-4. 

3.  His records also show he served in Germany from on or about 1 February 1989 to on or about 16 June 1992 as follows:

	a.  On 21 September 1988, Headquarters, Fort Campbell, KY, published Orders 182-247, reassigning him to HHC, Berlin Brigade.

	b.  On 2 February 1989, his unit endorsed the order and further reassigned him to Company A, 4th Battalion, 502nd Infantry, effective 2 February 1989.

	c.  On 16 May 1990, he was further reassigned to HHC, 4th Battalion, 502nd Infantry.

	d.  On 21 November 1990, he was reassigned to HHC, 5th Battalion, 502nd Infantry. 

	e.  On 8 March 1991, he was further reassigned to B Company, 5th Battalion, 502nd Infantry.

4.  On 18 March 1992, while a member of B Company, 5th Battalion, 502nd Infantry, and subsequent to the issuance of a physical profile for a knee condition, his records were considered by medical evaluation board that referred him to a physical evaluation board (PEB).

5.  On 24 April 1992, a PEB determined he was physically unfit and recommended his separation with entitlement to severance pay.  He concurred with the PEB's findings and recommendations.

6.  On 1 June 1992, Headquarters, U.S. Military Community, Berlin, Germany, published Orders 121-017 directing his discharge.  The orders listed his unit of assignment as B Company, 5th Battalion, 502nd Infantry.

7.  He was honorably discharged on 17 June 1992.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows the following entries:

	a.  Item 8a (Last Duty Assignment and Major Command) shows B Company, 5th Battalion, 502nd Infantry Regiment, USAREUR (U.S. Army Europe) and E-4 (Command Code).

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Good Conduct Medal, Army of Occupation Medal, National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Air Assault Badge.

8.  Item 5 (Overseas Service) of his DA Form 2-1 does not show deployment to Turkey.  Additionally, item 38 (Record of Assignments) of this form does not reflect his assignments/reassignments to various units within the Berlin Brigade. 

9.  He provides an article from the Berlin Observer that talks about hundreds of Soldiers from the 6th Battalion, 502nd Infantry, deployed to Silopi, Turkey, in support of Operation Provide Comfort to assist in the ongoing humanitarian efforts.  No specific names are mentioned in the article. 

10.  According to the Army Center of Military History, Joint Task Force (TF) Provide Comfort was formed on 6 April 1991 and deployed to Incirlik Air Base, Turkey, to conduct humanitarian operations in northern Iraq.   The U.S. Air Force deputy chief of staff for operations commanded the effort.  After British and French cargo aircraft arrived the next day, he re-designated the organization as a Combined Task Force.  The TF dropped its first supplies to Kurdish refugees on 7 April 1991.  Subsequent to a United Nations (UN) resolution, a coalition of 13 nations with material contributions from 30 countries worked under the command and control of the Coalition Task Force.  Although many nations ultimately contributed to the operation, the primary countries involved were the U.S., the United Kingdom, France, and Turkey.  On 16 April 1991, the President of the United States, authorized by a UN resolution, expanded Operation Provide Comfort to include multinational forces with the additional mission of establishing temporary refuge camps in northern Iraq. 

	a.  On 17 April 1991, two subordinate joint task forces (JTFs) were also established to facilitate the mission.  JTF Alpha, spread throughout the mountains of southeast Turkey and headquartered in Silopi, was responsible for alleviating the dying and suffering while stabilizing the situation.  JTF Alpha was composed primarily of the 10th Special Forces (SF) Group.  The second component was JTF Bravo, centered on the 24th Marine Expeditionary Unit  with the mission to prepare the town of Zakho, in northern Iraq, for the incoming Kurds and facilitate their eventual transfer back to their homes.  

	b.  Task Force Encourage Hope (later renamed Joint Task Force Bravo), was formed to construct a series of resettlement camps where dislocated civilians could find food and shelter and a secure environment.  Encourage Hope was designed to integrate civilian relief agencies into the support, organization, and administration of the camps.  Operation Provide Comfort I ended on 24 July 1991. 

	c.  On 24 July 1991, Operation Provide Comfort II, a show of force to deter new Iraqi attacks on the Kurds, began and had only limited humanitarian aspects to its mission.  It ended 31 December 1996.  The Air Force executed the bulk of the missions over northern Iraq in Operation Provide Comfort, flying over 4,500 sorties in 1996.  While U.S. fighters patrolled the skies over northern Iraq 

enforcing the no-fly zone, Air Force airlift and air refueling aircraft transported troops and equipment in support of these ongoing operations.  Provide Comfort eventually settled into a routine. Personnel arrived at Incirlik and villages in Iraq, then departed on a 90 to 120 day cycle.  

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.  Members of the Armed Forces of the United States serving in Israel, Egypt, Turkey, Syria, and Jordan between 17 January 1991 and 11 April 1991 are eligible for this award provided they were under the command of U.S. Central Command or were directly supporting military operations in the combat theater.

	b.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  A separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in any of four conflicts:  

* World War II (7 December 1941 to 3 September 1945)
* Korean Conflict (27 June 1950 to 27 July 1953)
* Vietnam Conflict, includes Vietnam and qualifying service in Laos; the Dominican Republic, Korea on the demilitarized zone, Grenada, Panama, and the Persian Gulf War (17 January to 11 April 1991)
* Global War on Terrorism which includes Operations Enduring and Iraqi Freedom

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time stated, in pertinent part, that item 8a shows the Soldier’s last duty assignment and major command.  For example, "Troop A, 1st Squadron, 2nd Cavalry Regiment, U.S. Army Europe (USAREUR)." 

13.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes policies, operating tasks, and steps governing the Official 

Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, the Army Personnel Qualification Records, and Military Personnel Information Management as a work category.  It states that the DA Form 2-1 and DA Form 2A (Personnel Qualification Record—Part I, Enlisted Peacetime) constitute the Enlisted Personnel Qualification Record or PQR.  The DA Form 2–1 is a continuous feed type form that will permit limited automation and the DA Form 2A is the automated portion of the PQR.  Combined, these forms provide a formal and permanent record of personnel management qualifications.  Table 5-2 provides for instructions for recording data on the 
DA Form 2-1.  Item 35 (Current and Previous Assignments) of this form shows assignment entries in chronological order.  The DA Form 2-1 is no longer required for active duty Soldiers. 

14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Germany from on or about 1 February 1989 to on or about 16 June 1992.  He underwent several intra-brigade or intra-battalion reassignments.  His last recorded assignment was to Company B, 5th Battalion, 502nd Infantry.  His unit of assignment and major command are properly shown on his DD Form 214.  

2.  The appropriate form to record a Soldier’s units of assignment is the DA Form 2-1.  This form is produced from data stored at the local unit level and is updated frequently with new information.  Consequently, each DA Form 2-1 is a snapshot of the Soldier’s records as it was at the time the DA Form 2-1 was produced.  Since the applicant is discharged and his DA Form 2-1 is no longer active or accessible and since the DA Form 2-1 is no longer used for active duty Soldiers, no action can be taken to correct the DA Form 2-1.

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 between 2 August 1990 and 30 November 1995 and there is no evidence he served in Turkey between 17 January 1991 and 11 April 1991.  Therefore, he is ineligible for this award.

4.  With respect to the Combat Infantryman Badge, there is no evidence he served in Turkey during Operation Provide Comfort.  But even if he did, this badge was not authorized for this particular humanitarian operation.

5.  With respect to award of the combat patch, the applicant’s shoulder sleeve insignia – former wartime service is an item of clothing; it is not an award or decoration; therefore, it is not authorized for entry on the DD Form 214 or any other place in military records.  

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)                                         AR20100015033



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ABCMR Record of Proceedings (cont)                                         AR20100015033



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