IN THE CASE OF:	  

		BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110024066 


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:

* Two awards of the National Defense Service Medal for his service in Haiti
* Two awards of the Overseas Service Ribbon for his service in Haiti
* Meritorious Unit Commendation
* Shoulder sleeve insignia 
* All other awards and/or medals that he is entitled to
* His rank/grade as corporal (CPL)/E-4 vice specialist (SPC)/E-4
* His foreign service time in Haiti

2.  The applicant states:

	a.  He believed he was overlooked for promotion to CPL when he was assigned to the 514th Maintenance Company, Fort Drum, NY, and put in charge of the automobile section which was a staff sergeant (SSG) position.  When he asked for promotion to CPL, his supervisors stated they did not want to do that as it would take a noncommissioned officer (NCO) position from the company.  He was told if he went to the Primary Leadership Development Course (PLDC) he would be promoted to sergeant (SGT) upon graduation.  He was never able to attend PLDC due to being deployed to Haiti.

	b.  When they deployed to Haiti, he was asked to head up a contact team which was a SGT position.  He was told he would be promoted to SGT if he reenlisted for two more years.  He told his supervisor, the lieutenant colonel (LTC, could promote him to SGT if he qualified but he still was not promoted.  In November 1994, he was assigned duties as a shop foreman which was a SSG position.  He knows he was not a super Soldier but he did his job well and earned four of his five awards in the last 3 years.  It is not right that they are not shown on his DD Form 214.  His former unit, the 147th Maintenance Company, was awarded the Meritorious Unit Commendation but that is not shown on his DD Form 214 either.

	c.  He should receive a second award of the National Defense Service Medal and Overseas Service Ribbon for his service in Haiti.

3.  The applicant provides:

* DD Form 214
* Five DA Forms 638-1 (Recommendation for Award)
* Six orders
* A certificate of training, dated 8 June 1989
* Two pages titled General Information, dated 8 February 1991
* One page of DA Form 1315 (Reenlistment Data), dated 2 October 1991
* DA Form 4187-E (Personnel Action), dated 27 April 1993
* DA Form 31 (Request and Authority for Leave), dated 28 February 1995 
* One page titled United States Army - Corporal

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 records show he enlisted in the Regular Army on 21 March 1991 and he held military occupational specialty 63W (Wheeled Vehicle Mechanic).  He served in Germany from 27 September 1991 to 24 September 1993, a period of 1 year, 11 months, and 28 days, while assigned to the 147th Maintenance Company, 18th Corps Support Battalion.  He was promoted to the rank of SPC on 21 May 1993.
3.  Permanent Order (PO) Number 25-8, dated 12 July 1993, issued by the 18th Corps Support Battalion, Germany, awarded him the Army Achievement Medal for meritorious service.

4.  PO Number 947-079, dated 22 November 1994, issued by the 10th Mountain Division, Fort Drum, NY, awarded him the Army Achievement Medal for meritorious service as the automotive section supervisor, a SSG position.

5.  PO Number 94-438, dated 15 December 1994, issued by the 548th Corps Support Battalion, Fort Drum, NY, awarded him the Army Achievement Medal for his service as the contact team leader during Operation Uphold Democracy.

6.  PO Number 13-16, dated 24 January 1995, issued by the 10th Division Support Command, Fort Drum, NY, awarded him the Army Commendation Medal for meritorious service as the automotive shop foreman during Operation Uphold Democracy.

7.  PO Number 33-25, dated 10 April 1995, issued by the 10th Division Support Command, awarded him the Army Commendation Medal for meritorious service as a wheeled vehicle mechanic.

8.  He was honorably released from active duty on 20 March 1995 in the rank of SPC and transferred to the U.S. Army Reserve.  He completed 4 years of creditable active service with no time lost.

9.  The DD Form 214 he was issued shows the:

* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

10.  His DD Form 214 shows in:

* Item 4a (Grade, Rate, or Rank) the entry "SPC"
* Item 12f (Foreign Service) the entry "0001  11  28"
* Item 12h (Effective Date of Pay Grade) the entry "1993  05  21"
* Item 18 (Remarks) that he served in Haiti from 27 September 1994 to 16 January 1995, a period of 3 months and 21 days

11.  His record contains a DD Form 215 (Correction to DD Form 214), dated 3 January 2012, that shows the Army Commendation Medal and the Driver and Mechanic Badge with "W" Bar were added to his DD Form 214.

12.  There are no orders in his record that shows award of the Army Good Conduct Medal.  There are no records that show he was appointed to the rank of CPL.

13.  His records do not contain a commander's disqualification or record of a court-martial conviction or other adverse action that would disqualify him for award of the Army Good Conduct Medal. 

14.  His record does not contain a promotion packet or any records that indicate he appeared before an E-5 promotion board, was recommended for promotion by a promotion board, or was on a promotion standing list to SGT while on active duty.

15.  Department of the Army General Orders Number 2009-32, dated 29 December 2009, awarded the 147th Maintenance Company, the Meritorious Unit Commendation for the period 19 March 2003 to 12 March 2004.

16.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, prescribed the enlisted promotions and reductions function of the military personnel system.  The regulation stated field grade commanders in the grade of LTC or higher have promotion authority to the ranks of SGT and SSG; however, the Promotions Work Center maintains the promotion standing list and issues the promotion orders.  Promotion to SGT and SSG are executed in a semi-centralized manner.  Soldiers must appear before a promotion board, be recommended for promotion by the promotion board, and obtain a minimum of 450 promotion points for promotion to SGT prior to being added to the promotion standing list.  When monthly promotion point cutoff score announcements are received from Headquarters, Department of the Army, promotion authorities will identify those who are eligible for promotion and the promotion authority will promote the soldier promptly, but not earlier than the effective month.

17.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Operation Uphold Democracy in Haiti during the period 16 September 1994 through 31 March 1995.  
	b.  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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	c.  Overseas Service Ribbon 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.  A tour length for deployment to Haiti during Operation Uphold Democracy was not established by Department of Defense.

	d.  Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	e.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File.

18.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia.  Paragraph 28-17 prescribes the authority for authorization, periods of authorization, and manner of wear for the shoulder sleeve insignia-former wartime service (SSI-FWTS).  This regulation does not authorize SSI-FWTS for service in Haiti during Operation Uphold Democracy.

19.  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.  It states in item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded three awards of the Army Achievement Medal and two awards of the Army Commendation Medal which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record shows he served honorably from 21 March 1991 to 20 March 1994.  He served in Haiti, received two awards of the Army Commendation Medal, and attained the rank of SPC/E-4.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

3.  His record shows he served in Haiti for 3 months and 21 days which is not show in item 12f of his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.

4.  With respect to the second award of the National Defense Service Medal, he did not serve during a second period of service when this medal was authorized.  Additionally, the Armed Forces Expeditionary Medal was awarded to Soldiers for qualifying service in Haiti during Operation Uphold Democracy and not the National Defense Service Medal.  As his DD Form 214 already shows award of the Armed Forces Expeditionary Medal, he is not entitled to the requested relief.

5.  With respect to the second award of the Overseas Service Ribbon, criteria for the Overseas Service Ribbon requires the successful completion of an overseas tour.  A tour length for deployment to Haiti was not established for Operation Uphold Democracy; therefore, he is not entitled to the requested relief.

6.  With respect to the Meritorious Unit Commendation; GO awarded the 147th Maintenance Company the Meritorious Unit Commendation during a period he was not assigned to the unit.  Therefore, he is not entitled to correction of his DD Form 214 to show this unit award.

7.  With respect to the shoulder sleeve insignia, the SSI-FWTS indicating former wartime service is not authorized for service in Haiti during Operation Uphold Democracy.  In any case, the SSI-FWTS is an item of clothing; it is not an award or decoration and there is no provision for entering the SSI-FWTS on the DD Form 214.

8.  With respect to correcting his DD Form 214 to show his rank as CPL, there is no evidence that shows he was ever promoted to or appointed as a CPL or that he was unfairly denied the rank of CPL.  There is no regulatory requirement to promote a Soldier to CPL/E-4 vice SPC/E-4 based on his or her being placed in charge of others; therefore, he is not entitled to the 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 all Department of the Army records of the individual concerned be corrected by:

* Awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 21 March 1991 through 20 March 1994
* Deleting from his DD Form 214, as amended, the Army Achievement Medal (2nd Award) and the Army Commendation Medal 
* Adding to his DD Form 214 the:

* Army Achievement Medal (3rd Award)
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)

* Deleting from item 12f of his DD Form 214 the current entry and replacing it with "0002  03  19"

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:

* Two awards of the National Defense Service Medal
* Two awards of the Overseas Service Ribbon
* Shoulder sleeve insignia
* Rank of CPL



      _______ _   _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)                                         AR20110024066





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ABCMR Record of Proceedings (cont)                                         AR20110024066



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