IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120000059 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* Item 11 (Primary Specialty) to change his military occupational specialty (MOS) from "95B2O" to "95B2B"
* Item 12f (Foreign Service) to change his foreign service from "2 years, 0 months, 0 days" to "2 years, 9 months, and 0 days"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add:

* Army Superior Unit Award
* Expert Marksmanship Qualification Badge with Pistol Bar (M-9)
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* Expert Marksmanship Qualification Badge with Squad Automatic Weapon Bar (M-249)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

* Item 14 (Military Education) to add:

* Military Police One Station Unit Training, 16 Weeks, 1994
* Air Assault Course, 2 Weeks, 1994


* Item 18 (Remarks) to add:

* Service in Haiti from 199409 - 199501
* Service in Bosnia from 199703 - 199711

2.  The applicant also requests upgrade of his Army Achievement Medal to a Soldier's Medal

3.  The applicant states:

* He attended Air Assault school at Fort Campbell, KY and graduated, on 11 March 1994, at which point he was awarded the Air Assault Badge which should have resulted in addition of identifier "2B" to his MOS
* He was deployed to Haiti for 4 months, deployed to Panama for 9 months, and assigned to Germany for 2 years; therefore, he completed 2 years and 9 months of foreign service versus only 2 years
* He was assigned to the 1st Military Police Company as part of Task Force Eagle Stabilization Force (SFOR) from 5 April 1997 to 21 October 1997  DA General Order (DAGO) Number 25, issued on 8 June 2001, awarded his unit the Army Superior Unit Award; however, this award was not listed on his DD Form 214
* He qualified expert with the M-9 Pistol, M-60 Machine Gun, M-249 Squad Automatic Weapon, and M-16 Rifle; however, these qualifications are missing from his DD Form 214
* He was awarded the Army Achievement Medal for his actions in Bosnia; however, he met the criteria for award of the Soldier's Medal; therefore, the award must be upgraded to comply with the regulatory guidance for the award
* He attended Military Police One Station Unit Training (OSUT) for 16 weeks and the Air Assault course for 2 weeks in 1994; however this military education is missing from his DD Form 214
* He received hostile fire and imminent danger pay (HF/IDP) for his service in Haiti and Bosnia; however, his service in these two countries was not recorded on his DD Form 214

3.  The applicant provides:

* Self-authored statement
* Letter from the Defense Finance and Accounting Service (DFAS), dated 20 January 2012
* Leave and Earnings Statements (LES) online inquiries from September 1994 through January 1995 and March 1997 through November 1997


* Two Certificates of Appreciation
* Two Certificates of Achievement
* Three certificates for award of the Army Achievement Medal (AAM)
* DA Form 638 (Recommendation for Award), dated 20 July 1998
* DAGO Number 25, pages 1, 59, and 20, dated 8 June 2001
* Diploma, Military Police OSUT, dated 28 January 1994
* Certificate of Training, Air Assault school, dated 11 March 1994
* DA Form 2-1 (Personnel Qualification Record)
* 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 17 September 1993.  He completed OSUT and was awarded MOS 95B (Military Police).  He was assigned to a variety of stateside and overseas locations.  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  His DD Form 2-1 shows in:

* Item 5 (Overseas Service):

* Haiti - 31 August 1994 to 10 January 1995
* Panama - 10 February 1995 to 10 August 1995
* Bosnia - 16 March 1997 to 11 November 1997
* Germany - 13 October 1996 to 12 October 1998

* Item 9 (Awards, Decorations and Campaigns):

* Air Assault Badge
* AAM (4th Award)
* Army Service Ribbon
* Army Good Conduct Medal (2nd Award)
* North Atlantic Treaty Organization Medal
* Armed Forces Service Medal
* Armed Forces Expeditionary Medal
* Humanitarian Service Medal
* Joint Meritorious Unit Award
* Overseas Service Ribbon
* National Defense Service Medal
* Drivers Badge
* Army Commendation Medal
* Noncommissioned Officer Professional Development Ribbon
* Expert Marksmanship Qualification Badge with Pistol Bar (M-9)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

* Item 17 (Civilian Education and Military Schools):

* 95B, Military Police, 16 weeks, 1994
* Air Assault, 2 weeks, 1994
* Law Enforcement Seminar, 1 week, 1994
* Traffic Radar Instruction, 2 weeks, 1996
* Field Sanitation, 1 week, 1997
* Primary Leadership Development Course, 4 weeks, 1999

* Section VII (Current and Previous Assignments) shows he was assigned to the 1st Military Police Company in Schweinfurt, Germany from 
13 October 1996 to 12 October 1998

4.  There is no evidence in his record to show he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) or the Expert Marksmanship Qualification Badge with Squad Automatic Weapon Bar (M-249).  

5.  His record does not contain orders authorizing or awarding him with a special qualification identifier (SQI) or an additional skill identifier (ASI).

6.  He was honorably released from active duty on 30 June 2000.  His DD Form 214 shows he completed 6 years, 9 months, and 14 days of net active service,   2 years of which was credited as foreign service.  His MOS was listed as 95B2O.  This form does not list in:

* Item 13 - Marksmanship Qualification Badges or the Army Superior Unit Award
* Item 14 - Military Police One Station Unit Training or the Air Assault course
* Item 18 - service in Haiti or Bosnia

7.  He provided a DA Form 638, dated 20 July 1998.  The original award recommendation was for award of the Army Commendation Medal; however, his battalion commander downgraded the award to an AAM.  An excerpt from the award recommendation states that "while deployed to Operation Joint Guardian [he] displayed courage during a sniper attack in the city of Odzak where he attempted to perform lifesaving measures to an injured man.  Actions like this ensured the safety of others around him."

8.  He provided DAGO Number 25, dated 8 June 2001, which shows his unit, 1st Military Police Company, was awarded the Army Superior Unit Award for participating in Task Force Eagle (SFOR) from 5 April 1997 to 21 October 1997, during a period of time in which he was assigned and deployed to Bosnia in support of this mission.

9.  He provided several LES online inquiries retrieved for him by officials at DFAS, dated 20 January 2012.  These inquiries cover September 1994 through January 1995 and March 1997 through November 1997 and show he received HP/IDP during the following periods:

* 1 September 1994 - 31 January 1995 
* 1 March 1997 - 30 November 1997

10.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management), paragraph 3-13 (SQI, ASI, and language codes - fifth through ninth characters of Military Occupational Specialty Code (MOSC)), in effect at the time, states the SQI is the fifth character of the MOSC, and may be used with any MOS unless restricted by Army Regulation.  The fifth character of the MOSC will contain the letter "O" when the Soldier is not qualified for an SQI.  The commander of the Soldier’s servicing personnel service battalion or the training activity commander will award fully qualified Soldiers appropriate SQI by publishing orders.  The order of precedence for SQI is:

* V - Ranger-Parachutist
* S - Special Operations Support Personnel
* P - Parachutist
* G - Ranger
* M - First Sergeant
* X - Drill Sergeant

* H - Instructor
* Q - Equal Opportunity Advisor
* L - Language
* F - Flight Medical Aidman

11.  Army Regulation 614-200 in effect at the time further states the ASI is the sixth and seventh character of the MOSC.  It identifies skills requiring formal school training or other specified criteria.  The ASI is associated with specific MOS as authorized in Army regulations.  

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

	a.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 
1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy.  Award of the Soldier's Medal will not be made solely on the basis of having saved a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	c.  The Marksmanship 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.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  If a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

13.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a 


decoration (or the upgrading of a decoration) that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: 
AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The 
applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

15.  Army Regulation 635-5 (Separation Documents), paragraph 2-4 (Completing the DD Form 214) states in:

	a.  Item 11, from the Enlisted Record Brief (ERB) or DA Form 2-1, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  Do not count basic training and AIT.  For an enlisted Soldier, also specify the first 5 characters of the primary MOSC, which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of an SQI, if applicable.  Enter "O" when not applicable. 

	b.  Item 12f, from the ERB or DA Form 2-1, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service this Period).

	c.  Item 13, 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.  

	d.  Item 14, from the ERB or DA Form 2-1, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  

	e.  Item 18, from the ERB or DA Form 2-1, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Haiti from 31 August 1994 to 10 January 1995 (4 months and 11 days), Panama from 10 February 1995 to 10 August 1995 (6 months), and in Germany from 12 October 1996 to 
12 October 1998 (24 months).  Therefore, he is entitled to correction of his DD Form 214 to show he completed 2 years, 10 months, and 11 days of foreign service.

2.  General orders awarded his unit the Army Superior Unit Award during his period of service; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  His DA Form 2-1 shows he qualified expert with the M-9 pistol and M-16 rifle; therefore he is entitled to correction of his DD Form 214 show the Expert Marksmanship Qualification Badge with Pistol Bar (M-9) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The evidence of record shows he successfully completed Military Police One Station Unit Training in 1994 and that the course was 16 weeks long.  This course was not annotated on his DD Form 214.  He is therefore entitled to correction of his DD Form 214 to add this course.

5.  His record shows he successfully completed the Air Assault course, as evidenced by his award of the Air Assault Badge.  Though the regulation says combat training should not be added to the DD Form 214, there is no harm in adding this training course; therefore, his DD Form 214 should be corrected to add this course.

6.  He served in Haiti and received HF/IDP from 31 August 1994 to 10 January 1995.  Therefore, he is entitled to have his DD Form 214 corrected to show the entry "Service in Haiti from 31 August 1994 to 10 January 1995" added to item 18 of his DD Form 214.


7.  He served in Bosnia and received HF/IDP from 16 March 1997 to 
11 November 1997.  Therefore, he is entitled to have his DD Form 214 corrected to show the entry "Service in Bosnia from 16 March 1997 to 11 November 1997" added to item 18 of his DD Form 214.
8.  He argues that the MOS reflected on his DD Form 214 should be corrected from "95B2O" to "95B2B" because he attended Air Assault School and is 
therefore entitled the skill indicator "B" or "2B."  However, his records do not contain orders awarding him an SQI or ASI.  Additionally, the regulation in effect at the time of his separation did not award SQIs for Air Assault qualification.  Therefore he is not entitled to have his MOS corrected to add an SQI.

9.  There is no evidence of record showing he qualified with the M-60 Machine Gun or the M-249 Squad Automatic Weapon; therefore, he is not entitled to correction of his DD Form 214 to show he received Expert Marksmanship Qualification Badges for these weapons.  

10.  While the available evidence is insufficient for awarding the Soldier's Medal, this in no way affects the applicant’s right to pursue his claim for the Soldiers Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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:

* deleting from item 12f the entry "0002 00 00" and replacing it with the entry "0002 10 11"
* adding to item 13 the:

* Army Superior Unit Award


* Expert Marksmanship Qualification Badge with Pistol Bar (M-9)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

* adding to item 14 the entries:
* Military Police, 16 weeks, 1994
* Air Assault, 2 weeks, 1994

* adding to item 18 the entries:

* Service in Haiti from 31 August 1994 to 10 January 1995
* Service in Bosnia from 16 March 1997 to 11 November 1997

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 correcting his MOS, adding Expert Marksmanship Qualification Badges for the M-60 Machine Gun and the 
M-249 Squad Automatic Weapon, upgrading his AAM to the Soldier’s Medal, and adding the Air Assault course to 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)                                         AR20120000059



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ABCMR Record of Proceedings (cont)                                         AR20120000059



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