BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100026727 


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) to show additional awards of the Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), Meritorious Service Medal (MSM), and Multinational Force and Observers (MFO) Medal. 

2.  The applicant states that he has orders and certificates to support his request.

3.  The applicant provides:

* DA Form 638-1 (Recommendation for Award (For Other Than Valor) of AAM, ARCOM and MSM) for an MSM with certificate
* an order for an AAM 2d Oak Leaf Cluster (OLC) with certificate
* DA Form 638-1 for an AAM with certificate
* ARCOM orders with certificate
* Permanent Orders 239-75 for initial award of the AAM
* MFO Certificate
* Pages 125 and 126 of Army Regulation 600-8-22 (Military Awards)
 
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 military records show after having had prior service, he reenlisted in the Regular Army on 23 April 1980 and served continuously until his retirement.  His records show he held the military occupational specialties of power generator equipment mechanic/operator, materiel supply specialist, unit supply specialist, and special forces communications sergeant.  The highest rank/grade he held was sergeant first class/E-7.

3.  He provides an MFO (Sinai) certificate for service during the period 11 May to 3 November 1987.  An MFO (Sinai) internal memorandum addressed to the commander of the U.S. Infantry Battalion (USBATT), dated 7 October 1987, showing the force commander approved award of the MFO Medal for the members of the USBATT.  The memorandum also indicates an MFO Form 12-1 was attached listing the members authorized the MFO Medal.  However, the attachment is not available.

4.  Headquarters, 7th Infantry Division (Light) awarded the applicant the following awards in: 

   a.  Permanent Orders 239-75, dated 18 December 1987, he was awarded the AAM for meritorious achievement for the period 28 April to 21 November 1987.

   b.  Permanent Orders 229-103, dated 30 November 1988, he was awarded the ARCOM for meritorious service for the period 1 June 1984 to 28 November 1988.

5.  Headquarters, 2d Infantry Division, Permanent Orders 260-16, dated 27 December 1989, awarded him the AAM (2d OLC) for meritorious service for the period 23 January 1989 to 22 January 1990.

6.  Headquarters, 2d Battalion, 3d Special Forces Group, Permanent Orders 
7-51, dated 1 September 1992, awarded him an AAM for the period 24 May to 12 June 1992.  The DA Form 638-1, dated 17 June 1992, for this award indicates he was previously awarded four AAMs.



7.  Headquarters, U.S. Army Special Operations Command, Permanent Orders
175-7, dated 8 November 1994, awarded him an MSM for the period 31 July 1984 to 31 July 1994.

8.  His DD Form 214 shows he was voluntarily retired early on 31 July 1994 after he completed more than 17 years of active service.

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, National Defense Service Medal with bronze service star, Overseas Service Ribbon 3d (Award), Army Good Conduct Medal (4th Award), Parachutist Badge, AAM, Noncommissioned Officer Professional Development Ribbon, Special Forces Tab, Joint Service Commendation Medal, and Humanitarian Service Medal.

10.  In the processing of the case, a member of the Boards staff contacted the applicant by e-mail to request clarification regarding his request for correction of his DD Form 214 to show additional awards of the AAM.  The applicant stated in his response that he believed he was authorized a total of three awards of the AAM and that he only had documentation for three.

11.  Army Regulation 635-5 (Separation Documents) states that for block 13 (DECORATIONS, MEDALS, BADGES, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED) of the DD Form 214 list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant an ARCOM and an MSM.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  Permanent Orders 260-16 show award of the AAM 2d OLC (3d Award).  The DA Form 638-1 which was approved awarding him the AAM in Permanent Orders 7-51 indicates he was previously the AAM (4th Award).  However, there are no orders in his records and he has no orders showing more than three awards of the AAM.  

3.  A member of the Board's staff contacted the applicant for clarification concerning his request for additional awards of the AAM and the applicant responded by indicating he believed he is entitled to three awards of the AAM.  In the absence of definitive evidence to the contrary it appears the 2d OLC entry on Permanent Orders 260-16 and the entries on the DA Form 638-1, dated 17 June 1992, showing four awards of the AAM are in error.  As such, it would be appropriate to correct his DD Form 214 to show the AAM (3d Award).

4.  The available evidence indicates members of his unit were approved for award of the MFO Medal.  As such, it would be appropriate to add this medal to his DD Form 214.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

___x___  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the AAM from item 13 of his DD Form 214 for the period ending 31 July 1994; and
   
   b.  adding to item 13 of his DD Form 214 for the period ending 31 July 1994 the MSM, ARCOM, AAM (3d Award), and Multinational Force and Observers Medal.



      _______ _ 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)                                         AR20100026727



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ABCMR Record of Proceedings (cont)                                         AR20100026727



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