IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003423 


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 record to show he was awarded the Army Commendation Medal (ARCOM) (1st Oak Leaf Cluster), Army Achievement Medal (AAM) (3d Oak Leaf Cluster), Army Good Conduct Medal (AGCM) (3d Award), Joint Service Achievement Medal (JSAM) (1st Award), and the Valorous Unit Award (VUA) or Meritorious Unit Commendation (MUC) for Operation Golden Pheasant.  

2.  He states he would like his accomplishments to be recorded because his record is inaccurate, his DD Form 214 (Certificate of Release or Discharge from Active Duty) is illegible, and he is trying to be hired into Federal service.  He also states he served with Joint Task Force Bravo at Palmerola, Honduras, in 1988.

3.  He provides a JSAM Certificate and citation and orders for the ARCOM (1st Oak Leaf Cluster), AAM (3d Oak Leaf Cluster), and AGCM (3d Award).

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 (RA) on 27 September 1979.  He was honorably discharged from the RA on 16 March 1990.  

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of a partially legible DD Form 214 in his record shows he was awarded the:

* AGCM (2d Award)
* Army Service Ribbon
* ARCOM
* AAM (1st Oak Leaf Cluster)
* Noncommissioned Officer Professional Development Ribbon with numeral "2"
* Driver and Mechanic Badge with "W" Bar
* Overseas Service Ribbon
* Humanitarian Service Medal (Cuban Refugee Crisis)
* Humanitarian Service Medal with one bronze service star

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) does not show he served in Honduras.  Item 35 (Record of Assignments) shows he was assigned to Company C, 2d Battalion, 9th Aviation Regiment, Fort Lewis, WA, from 16 December 1987 to 30 September 1988.  

5.  A summary of Operation Golden Pheasant prepared by the U.S. Army Center of Military History shows the operation was conducted in Honduras in March 1988.  It was a joint emergency deployment readiness exercise designed to be a U.S. show of force in anticipation of a border incursion by Nicaraguan Sandinista troops.  The operation did not involve substantive armed contact with hostile forces.

6.  A review of unit awards records did not show that he was assigned to any units during periods for which they received a VUA or a MUC.

7.  His record does not contain orders awarding him the JSAM or documentation indicating he received this award.

8.  He provides a JSAM Certificate showing Headquarters, Joint Task Force Bravo awarded him the JSAM on 19 July 1988 and a citation for the JSAM showing he received the award for meritorious service during the period 15 February to 30 June 1988 while serving with the UH-60A helicopter company, Task Force Reliable Eagle, Palmerola, Honduras.  The JSAM Certificate does show the orders authorizing the award.

9.  He provides three permanent orders issued by the 9th Personnel Service Company, Fort Lewis, WA:

* Permanent Orders 149-9, dated 5 August 1988, announced award of the AGCM (3d Award) to him for the period 27 September 1985 to 26 September 1988
* Permanent Orders 38-22, dated 27 February 1989, announced award of the AAM (Third Oak Leaf Cluster) to him for meritorious achievement during the period 7 to 17 November 1988
* Permanent Orders 234-14, dated 13 December 1989, announced award of the ARCOM (First Oak Leaf Cluster) to him for meritorious service during the period 27 September 1987 to 31 December 1989

10.  Army Regulation 600-8-22 (Military Awards) states the Joint Service Achievement Medal was authorized by the Secretary of Defense on 3 August 1983.  It is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service.

11.  Army Regulation 600-8-22 states the VUA is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

12.  Army Regulation 600-8-22 states the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.  

13.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the ARCOM and AAM.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show the applicant served in a unit during a period for which the unit received the VUA or MUC.  Therefore, he is not entitled to correction of his record to show either of these unit awards.  

2.  The JSAM Certificate and citation provided by the applicant were carefully considered.  However, this evidence is not corroborated by any information in the available military records.  Possession of a certificate does not automatically entitle him to this award.  While the sincerity of his claim to entitlement to the JSAM is not questioned, regrettably, absent the orders or equivalent document which authorized award of this medal to him, there is an insufficient basis upon which to correct his military records.  

3.  Permanent orders awarded him the ARCOM (2d Award), AAM (4th Award), and AGCM (3d Award).  He is entitled to correction of his DD Form 214 to show these awards.  

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 all Department of the Army records of the individual concerned be corrected by making the following corrections to item 13 of his DD Form 214:

* delete the AGCM (2d Award), ARCOM, and AAM (1st Oak Leaf Cluster)

* add the AGCM (3d Award), ARCOM (2d Award), and AAM (4th Award)

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 the JSAM, MUC, and VUA.  




      ___________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)                                         AR20110003423





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