IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100028835 


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:

	a.  He was awarded the Army Achievement Medal, Korea Defense Service Medal, National Defense Service Medal, and Marksmanship Qualification Badges with (M-16) Rifle Bar, Hand Grenade Bar, and Mortar Bar.

	b.  He completed the Combat Lifesaver Course and the U.S. Army Motor Vehicle Operator’s Course.

   c.  He was advanced to specialist (SPC)/E-4 prior to separation.

2.  He states his battalion did not provide accurate information on awards, advancements, and military education courses.  He was advanced to SPC, but he never received the recognition of rank or pay prior to separation.  

3.  He provides:

* A  DA Form 638 (Recommendation for Award) for the Army Achievement Medal
* His Enlisted Record Brief
* A DA Form 2-1 (Personnel Qualification Record - Part II)
* Reassignment orders to Korea


* Two DA Forms 4187 (Personnel Action)
* His DD Form 214

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 6 January 1997.  

3.  Orders 061-1548, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 2 March 1997, reassigned him to the 1st Adjutant General Replacement Detachment in Korea with a reporting date of 6 May 1997.

4.  His DA Form 2-1 shows in:

* Item 4 (Assignment Considerations) he was barred from reenlistment on 13 March 1998
* Item 5 (Oversea Service) he served in Korea from 26 April 1997 through 25 April 1998
* Item 9 (Awards, Decorations, and Campaigns) the Army Service Ribbon and Overseas Service Ribbon
* Item 9 no entry indicating he qualified with the M-16 rifle, hand grenade, or mortar
* Item 17 (Civilian Education and Military Schools) he completed a 1-week Combat Lifesaver Course in 1998
* Item 18 (Appointments and Reductions) he was advanced to private first class (PFC) on 1 February 1998

5.  He provided a DA Form 638 that recommended him for award of the Army Achievement Medal (1st Oak Leaf Cluster) for meritorious achievement during the period 14 August 1998 to 21 August 1998.  Part I (Soldier Data), item 8 


(Previous Awards) shows the Army Achievement Medal.  Part V (Orders Data) shows that based on the approval of this award by the appropriate authority, Headquarters, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division, issued Permanent Orders Number 239-06, dated 27 August 1998 awarding him the Army Achievement Medal (1st oak leaf cluster) indicating his second award.

6.  A DA Form 4187, dated 6 November 1998, shows he was advanced to private first class (PFC)/E-3 with an effective date and date of rank of 1 February 1998.  This form was approved and signed by his commanding officer, a captain.

7.  He provided a U.S. Army Motor Vehicle Operator’s Identification Card, issued on 2 December 1998.  His service record does not include a certificate or any other evidence which indicates he completed 40-hours or more of formal training as a motor vehicle operator.

8.  He provided a DA Form 4187, dated 1 September 1999, that shows he was recommended for advancement to SPC with an effective date and date of rank of 1 September 1999.  This form shows the advancement was recommended for approval by the rear detachment commander, a sergeant first class (SFC).  His personnel record is void of evidence which indicates his promotion was approved by the appropriate authority.  

9.  A DA Form 4187, dated 26 October 1999, shows his duty status changed to confined by civil authorities, effective 26 October 1999.  

10.  His discharge proceedings under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, show his rank as PFC.

11.  Orders 122-0223, issued by Headquarters, III Corps, Fort hood, TX, dated
1 May 2000, reassigned him to the U.S. Army Transition Center for separation processing with a reporting date of 2 May 2000.  These orders show his rank as PFC on the standard name line.

12.  He was subsequently discharged on 2 May 2000 under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel),
chapter 14, section II, by reason of misconduct.  His DD Form 214 shows in:

* Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) the entry PFC” and “E3”


* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon and the Overseas Service Ribbon
* Item 14 (Military Education) the entry “None”

13.  The applicant appealed to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.   The ADRB's Case Report and Directive, dated 17 October 2008, shows his highest grade held was E-3.

14.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal 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.

	b.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 
30 November 1995, and 11 September 2001 and a date to be determined.  

	c.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The 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.  

	d.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Entering of in-service training courses is accomplished to assist Soldiers after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

	e.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.  Chapter 2 of this regulation provides the rules and steps for managing the decentralized promotion to SPC and below.  The Automated Enlisted Advancement Report (Active Army) or, for U.S. Army Reserve, DA Form 


4187 or Standard Installation/Division Personnel System Army Reserve Advancement Eligibility Status Roster are the official instruments used by commanders to recommend Soldier’s for promotion to SPC and below.  

	f.  Army Regulation 350-1 (Army Training and Leader Development) states the combat lifesaver is a nonmedical Soldier trained to provide lifesaving measures beyond the level of self-aid or buddy-aid.  A properly trained combat lifesaver is capable of stabilizing many types of casualties and can slow the deterioration of a wounded individual's condition until medical personnel arrive.

DISCUSSION AND CONCLUSIONS:

1.  A DA Form 638 of record shows the applicant was awarded the Army Achievement Medal (1st Oak Leaf Cluster) for meritorious achievement during the period 14 August 1998 to 21 August 1998 by Permanent Order Number
239-06, dated 27 August 1998.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  The evidence of record shows the applicant served in Korea from 26 April 1997 through 25 April 1998.  Therefore, he is entitled to the Korea Defense Service Medal and correction of his DD Form 214 to show this award.  

3.  The applicant served on active duty from 6 January 1997 through 2 May 2000.  Award of the National Defense Service Medal is authorized for specific periods of service.  Based on the designated periods of service, he did not serve a period of qualifying service for award of the National Defense Service Medal.  Therefore, there is no basis for correcting his DD Form 214 to show this award.

4.  His service record does not indicate he qualified with the M-16 rifle, hand grenade, or mortar.  Additionally, his service record is void of orders or other documents which show he was awarded marksmanship qualification badges for any of these weapons.  Therefore, there is an insufficient basis for granting this portion of his request.

5.  The evidence of record shows he completed a 1-week Combat Lifesaver Course in 1998.  The evidence further shows the skills attained in the Combat Lifesaver Course of instruction are not combat in nature.  Therefore, since the applicant completed this course it would be appropriate to add this course to his DD Form 214.

6.  He provided evidence which shows he was issued a U.S. Army Motor Vehicle Operator’s Identification Card on 2 December 1998.  However, his service record is void of evidence which shows he completed 40 hours or more of formal 
training as a motor vehicle operator.  Therefore, his identification card alone is insufficient as a basis to amend his DD Form 214 to show he completed the U.S. Army Motor Vehicle Operator’s Course.

7.  He was advanced to PFC on 1 February 1998 and the evidence of record shows this was his highest grade held until he was discharged on 2 May 2000.

8.  He provided a DA Form 4187, dated 1 September 1999, that shows he was recommended for advancement to SPC; however, there is no evidence this recommendation was approved by the proper authority.  Therefore, there is no basis for granting this portion of his requested relief.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  adding to item 13 of his DD Form 214 the:

* Army Achievement Medal (2nd Award)
* Korea Defense Service Medal

	b.  adding to item 14 of his DD Form 214 the entry “Combat Lifesaver Course, 1 week, 1998.”

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 adding the National Defense Service Medal and Marksmanship Qualification Badges with Rifle (M-16), 


Grenade, and Mortar Bars to his DD Form 214; or showing he was advanced to SPC on his DD Form 214.



      ____________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)                                         AR20100028835



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ABCMR Record of Proceedings (cont)                                         AR20100028835



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