IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100020827 


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:

* the Army Commendation Medal (ARCOM) be added to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty)  
* item 14 (Military Education) of his DD Form 214 be corrected to show he completed the 63-week Arabic-Egyptian Language Course in February 1994
* that he be issued orders for the Armed Forces Expeditionary Medal (AFEM)

2.  The applicant states:

* he completed the 63-week Arabic language course in February 1994
* he is missing the ARCOM he earned while serving as an interrogator in Haiti during Operation Uphold Democracy as well as other classified training and operational missions
* his meritorious achievement is evidenced by this highly successful Joint Task Force mission confronting enemy personnel, his rapid promotion to noncommissioned officer, his many successes in other classified investigative efforts, and his overall continuous professional development
* immediately prior to his release from active duty he was informed by his platoon sergeant and company commander that they had completed his recommendation for the ARCOM and it would be added to his records
* he just received a packet of his records and his ARCOM is not included
* he is missing his actual AFEM certification he earned serving in Haiti supporting Operation Uphold Democracy

3.  The applicant provides:

* three DD Forms 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552)
* DD Form 214
* transcript
* language proficiency test report
* diploma and linguist certificate
* service personnel records
* awards
* certificates of achievement and training
* memorandum for award of the AFEM

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.  He enlisted in the Regular Army on 22 July 1992 for a period of 5 years.  He completed his training and was awarded military occupational specialty 97E (interrogator).  He served in Haiti in support of Operation Uphold Democracy and was released from active duty on 21 July 1997.

3.  Item 13 of his DD Form 214 does not show the ARCOM as an authorized award.  Item 14 of his DD Form 214 does not show he completed the 63-week Arabic-Egyptian Language Course in February 1994.

4.  He provided a diploma, dated 17 February 1994, which shows he completed the 63-week basic Arabic-Egyptian Language Course.

5.  There are no orders for the ARCOM in the available records.

6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show the ARCOM.

7.  The applicant provided a memorandum, dated 7 February 1995, which shows he was awarded the AFEM for participation in Operation Uphold Democracy in Haiti.

8.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  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.  The regulation states that item 14 will list in-service training courses by title, number of weeks, and year successfully completed during this period of service.

10.  Paragraph 1-26b of Army Regulation 600-8-22 states service medals and service ribbons are administratively awarded to individuals who meet the qualifying criteria.  Orders are not required.

DISCUSSION AND CONCLUSIONS:

1.  The diploma provided by the applicant which shows he completed the 
63-week basic Arabic-Egyptian Language Course on 17 February 1994 is accepted as sufficient evidence on which to amend item 14 of his DD Form 214.

2.  There are no orders for the ARCOM in the available records.  Therefore, there is insufficient evidence with which to add the ARCOM to his DD Form 214.

3.  Since the AFEM is a service medal, orders are not required.  The governing regulation states service medals are administratively awarded to individuals who meet the qualifying criteria and he provided a memorandum which shows he was awarded the AFEM.  Therefore, there is no basis for granting the applicant's request for AFEM orders.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the entry "Arabic-Egyptian Language Course, 63 weeks, February 1994" to item 14 of his DD Form 214.

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 adding the ARCOM to his DD Form 214 or issuing orders for the AFEM.



      ____________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)                                         AR20100020827



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ABCMR Record of Proceedings (cont)                                         AR20100020827



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