IN THE CASE OF:	  

		BOARD DATE:  19 January 2012

		DOCKET NUMBER:  AR20110011706 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 July 1993 to show:

* he participated in the Liberation and Defense of Kuwait campaigns
* in item 11 (Primary Specialty) 11B2OC2 Infantry Anti-armor Specialist
* in item 12f (Foreign Service) 4 years, 8 months, 12 days
* in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) the: 

* Army Achievement Medal (AAM) (2d Award)
* "Driver Badge - 1st Class"
* Expert Marksmanship Qualification Badge with Missile Bar (Dragon Gunner)
* Meritorious Service Medal (MSM)

* in item 14 (Military Education) infantry military occupational specialty (MOS) training, 13 weeks, Fort Benning, GA

2.  He also requests "Cold War" recognition.

3.  He states the information was overlooked on his DA Form 2-1 (Personnel Qualification Record) during his separation.  His DD Form 214 must contain 


campaigns in order to qualify for membership in a combat veterans organization.  He also states be believes his time in Germany qualifies him for "Cold War" recognition, but he has no idea whether this is a campaign or service award.  

4.  He provides two DD Forms 214 for the period ending 26 August 1987 and
30 July 1993 and his DA Form 2-1.

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 requested, in effect, award of the Cold War Recognition Certificate.  The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (NDAA), the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to:

	U.S. Army Human Resources Command
	Cold War Recognition Program
	ATTN: AHRC-CWRS
	1600 Spearhead Division Avenue
	Fort Knox, KY 40122-5408

Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army (RA) on 30 August 1985.  After completing initial entry training, he was awarded MOS 11B (Infantryman).  He was honorably released from active duty (REFRAD) on 26 August 1987.

4.  The DD Form 214 issued at the time shows in:

* item 11 the entry "11B1OC2, Infantryman, 01 years, 08 months"
* item 12f the entry 01  08  09"
* item 13 the:

* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars

* item 14 the entry "None"

5.  He again enlisted in the RA on 12 February 1988.  He was trained in and awarded MOS 98C (Electronic Warfare/Signal Intelligence Analyst).

6.  Orders 205-06, issued by the Personnel Service Center, 3d Battalion,
112th Military Intelligence Brigade (Training), U.S. Army Intelligence School,
Fort Devens, Goodfellow Air Force Base, TX, dated 15 November 1988, awarded him primary MOS 98C1O and secondary MOS 11B1OC2 and withdrawing primary MOS 11B1OC2.

7.  Permanent Orders 89-5, issued by Headquarters, 108th Military Intelligence Battalion, dated 22 August 1990, awarded him the "Driver's Badge (Wheel)" for the period of service from 23 May 1989 to 1 August 1990.

8.  His record includes two DA Forms 638-1 (Recommendation for Award (for Other than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)).

	a.  The first shows Permanent Orders Number 28-1, issued by Headquarters, 108th Military Intelligence Battalion, dated 17 June 1991, awarded him the AAM (3d Award) for meritorious achievement during the period 17 to 19 September 1990. 

	b.  The second shows he was recommended for award of the MSM for meritorious achievement during the period 3 September to 7 December 1991.  


However, the approval authority downgraded the award to the Army Commendation Medal (ARCOM).  As a result, Permanent Order Number 16-34, issued by Headquarters, Task Force Victory, dated 15 November 1991, awarded him the ARCOM.

9.  His record contains an ARCOM Certificate that shows Permanent Order 4-5, issued by Headquarters, 8th Infantry Division, dated 16 January 1992, awarded him the ARCOM for meritorious service during the period 9 February 1989 to
20 March 1992.

10.  His DA Form 2-1 shows in:

* item 5 (Oversea Service) he served in:

* Germany from December 1985 through August 1987
* Germany from 14 February 1989 through 2 September 1991
* Kuwait from 3 September through 2 December 1991
* Germany from 3 December 1991 through 26 February 1992

* item 5 he was twice credited with normal tour completion for service in Germany 

* item 9 (Awards, Decorations & Campaigns) the:

* ASR
* OSR
* Driver Badge
* Army Good Conduct Medal (AGCM) (2d Award)
* National Defense Service Medal
* AAM (2d Award)
* Southwest Asia Service Medal (SWASM) with one bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars

* item 9 he was credited with participating in one campaign:  Liberation and Defense of Kuwait
* item 17 (Civilian Education and Military Schools), in part, he completed the 5-week 11B course at Fort Benning, GA, in 1985

11.  He was honorably discharged on 30 July 1993.  The DD Form 214 he was issued at the time shows in:

* item 11:  "98C2O Electronic Warfare/Signal Intelligence Analyst, 4 yrs  9 mos//11B2O Infantryman, 5 yrs  5 mos"
* item 12f:  3 years and 13 days
* item 13:

* ASR
* National Defense Service Medal
* OSR
* Driver Badge
* AGCM (2d Award)
* SWASM with one bronze service star
* Sharpshooter Qualification (continued in item 18; however, no continuation is noted)

* item 14:  "Electronic Warfare/Signal Intelligence Analyst Course, 18wks (88)//German Headstart Course, 1wk (89)"

12.  The DD Form 214 for the period ending 30 July 1993 does not show he served in the Liberation and Defense of Kuwait Campaign, nor does it show he served in Kuwait.

13.  The record is void of documentation showing he was awarded the Expert Marksmanship Qualification Badge with Missile Bar.

14.  Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge.  The "Driver Badge - First Class" is not an authorized badge.  Component bars are authorized for wear with the Driver and Mechanic Badge for the following types of vehicles and/or qualifications:  

* Driver-W (for wheeled vehicles) 
* Driver-T (for tracked vehicles)
* Driver-M (for motorcycles)
* Driver-A (for amphibious vehicles)
* Mechanic (for automotive or allied vehicles)
* Operator-S (for special mechanical equipment)

15.  Army Regulation 600-8-22 states the OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the OSR.

16.  Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure) defines authorized career management fields, MOSs, special qualification identifiers (SQIs), and additional skill identifiers (ASIs) and provides guidance on the use of these codes in the classification of enlisted positions and personnel.

	a.  Chapter 10 shows the title for MOS 11B is "Infantryman."

	b.  The pamphlet states a Military Occupational Specialty Code (MOSC) is used to identify MOS, skill level, and special qualifications.  An ASI is a two digit alpha-numeric or numeric-alpha code which identifies specialized skills that are closely related to and in addition to those required by the MOS.  Table 12-2 states ASI C2 is awarded to individuals with MOS 11B who complete the U.S. Army Infantry School Dragon Gunnery Course.

17.  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 version of the regulation in effect at the time stated for:

	a.  item 11, enter the MOS codes, titles, years, and months for warrant officers and enlisted personnel.

	b.  item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

	c.  Item 13, enter 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.

	d.  item 14, list in-service training courses, title, number of weeks, and year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skiIIs will not be listed.

18.  Army Regulation 635-5 does not provide for listing campaigns on the DD Form 214.

19.  The current version of Army Regulation 635-5 states that for an active duty Soldier deployed with his or her unit during his or her continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in block 18 (Remarks) of the DD Form 214.

20.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  Campaigns are not listed on the DD Form 214.  The record shows the applicant served in one campaign, which is properly documented by his award of the SWASM with one bronze service star.  Therefore, there is no basis for granting this portion of his request.

2.  The record shows he deployed with his unit to Kuwait and served there from 3 September to 2 December 1991 in support of Operation Desert Shield.  He is entitled to correction of his DD Form 214 to show this service.  This will also satisfy his desire for correction of his record to show his deployed service.

3.  Item 11 of his DD Form 214 for the period ending 30 July 1993 shows he held MOS 11B2O, but does not show the associated ASI he earned during his first enlistment.  The version of Army Regulation 635-5 in effect at the time of his discharge in 1993 did not specify that ASIs would be entered in item 11; however, there would be no harm in correcting this DD Form 214 to show he held ASI C2 with his infantry MOS.

4.  He requests correction of item 11 of his DD Form 214 for the period ending
30 July 1993 to show the title of his infantry MOS as "Infantry Anti-Armor Specialist."  The title for MOS 11B is "Infantryman," which is correctly entered on his DD Form 214.  Therefore, there is no basis for correcting this entry.

5.  He requests correction of item 12f of the DD Form 214 for the period ending 30 July 1993 to show he completed 4 years, 8 months, and 12 days foreign service.  Only foreign service completed during the period covered by the


DD Form 214 is to be entered in item 12f.  His record shows he completed
3 years and 13 days of foreign service during the period covered by this
DD Form 214, which is properly shown in item 12f.  Therefore, there is no basis for granting this portion of his request.

6.  Permanent orders awarded him the AAM (3d Award).  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 July 1993 to show this award.

7.  He was recommended for award of the MSM for achievement during the period 3 September to 7 December 1991 and the approval authority downgraded the award recommendation to an ARCOM.  On 15 November 1991, he was awarded this ARCOM.  On 16 January 1992, he was awarded an ARCOM for the period 9 February 1989 to 20 March 1992.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 July 1993 to show the ARCOM
(2d Award).

8.  He requests correction of his DD Form 214 for the period ending 30 July 1993 to show he was awarded the "Driver Badge - 1st Class."  This is not an authorized award.  His record does include orders showing he was awarded the "Driver's Badge (Wheel)."  The proper name for this badge is the Driver and Mechanic Badge with Driver-W Bar.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 July 1993 to show this badge.

9.  The record shows he held ASI C2, indicating he completed the Dragon Gunnery Course.  While he would have received a marksmanship score for the Dragon missile system as part of this course, the record is void of documentation showing the level of marksmanship he achieved.  In the absence of such documentation, there is no basis for correcting his record to show the Expert Marksmanship Qualification Badge with Missile Bar.

10.  He requests correction of item 14 of his DD Form 214 to show he completed 13 weeks of infantry MOS training at Fort Benning.  His infantry training was a combat skiIIs course that is not authorized to be listed on the DD Form 214.  Therefore, there is no basis for granting this portion of his request.

11.  He was credited with completing two overseas tours in Germany.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 30 July 1993 to show the OSR with Numeral 2.


12.  He completed a qualifying period of service for entitlement to the Kuwait Liberation Medal – Kuwait.  Therefore, his DD Form 214 for the period ending
30 July 1993 should be corrected to show this award.

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:

	a.  deleting from item 11 of his DD Form 214 for the period ending 30 July 1993 MOS "11B2O" and replacing it with the entry "11B2OC2";

	b.  deleting from item 13 of his DD Form 214 for the period ending 30 July 1993 Overseas Service Ribbon, Driver Badge, and the "Sharpshooter Qualification";

	c.  adding to item 13 of his DD Form 214 for the period ending 30 July 1993 the:

* Army Commendation Medal (2d Award)
* Army Achievement Medal (3d Award) 
* Kuwait Liberation Medal – Kuwait
* Overseas Service Ribbon with Numeral 2
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars
* Driver and Mechanic Badge with Driver-W Bar

	d.  adding to item 18 of his DD Form 214 for the period ending 30 July 1993 the entry "SERVICE IN KUWAIT FROM 19910903 - 19911202."


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 to his DD Form 214 the a specific campaign name, the "Driver Badge - First Class," a different title to his 11B MOS, the Expert Marksmanship Qualification Badge with Missile Bar (Dragon Gunner), the Meritorious Service Medal, and his infantry MOS training.



      _______ _   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)                                         AR20110011706



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ABCMR Record of Proceedings (cont)                                         AR20110011706



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