IN THE CASE OF:	   

		BOARD DATE:	  28 May 2012

		DOCKET NUMBER:  AR20120019409 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

* item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) to show the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* German Military Sportsman Performance Badge

* item 14 (Military Education) to show the X-Ray Specialist Course (Phase II), 42 weeks, December 1989

2.  The applicant states her entire schooling for military occupational specialty (MOS) 91P (X-Ray Specialist) is not shown on her DD Form 214.  The Army Commendation Medal (2nd Award), Army Achievement Medal (2nd Award), and German Military Sportsman Performance Badge are also not shown on her DD Form 214.  She is applying for benefits from the Department of Veterans Affairs and seeking government employment.

3.  The applicant provides 

* X-Ray Specialist course completion certificate
* Army Commendation Medal orders


* DA Form 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal)
* Army Commendation Medal certificates
* two Army Achievement Medal Certificate
* award of German Military Sportsman Performance Badge memorandum
* 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 12 October 1988.  She completed training and she was awarded MOS 91P.

3.  She served overseas in:

* Saudi Arabia from 26 December 1990 through 5 May 1991
* Germany from 4 January 1990 through 3 January 1992

4.  The documents she provided include:

* An X-Ray Specialist Course completion certificate for the period 13 February 1989 through 6 December 1989 (42 weeks)
* A DA Form 638-1, dated 7 March 1991, recommending her for award of the Army Commendation Medal, issued by Permanent Order Number 68-89 on 9 March 1991
* Permanent Orders 68-69, issued by the 31st Combat Support Hospital awarding her the Army Commendation Medal for participation in Operation Desert Shield/Storm
* An Army Commendation Medal certificate for meritorious service in Saudi Arabia from 26 December 1990 through 26 April 1991
* two Army Achievement Medal certificates for meritorious service from 9 November 1990 through 26 December 1990

* An Award of Foreign Badge memorandum, dated 9 July 1992, authorizing her to accept and wear the German Military Sportsman Performance Badge (Bronze) 

5.  She was honorably released from active duty in pay grade E-5 on 30 July 1992, under the Early Transition Program, and she was transferred to the U.S. Army Reserve Control Group (Reinforcement).  Her DD Form 214 shows in:

* item 13 –

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge

* item 14 – 

* Medical Specialist, 4 weeks, February 1989
* X-Ray Specialist, 20 weeks, October 1989
* Primary Leadership Development Course, 4 weeks, March 1992

6.  Item 9 (Awards and Decorations) of her DA Form 2-1 (Personnel Qualification Record – Part II)) lists the same awards as shown on her DD Form 214.

7.  Item 17 (Civilian Education and Military Schools) of her DA Form 2-1 shows she completed the following:

* A 4-week Medical Specialist Course in 1989
* A 20-week X-Ray Specialist Course in 1989

8.  There are no orders in her military records that show she was awarded the ARCOM and AAM.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states:

	a.  Item 13 will list awards and decorations for all periods of service;  
   
   b.  Item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 include the title, length in weeks (1 week or more), and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed; and

	c.  Individual foreign decorations may be accepted if awarded in recognition of meeting the criteria as established by the foreign government concerned for the specific award.  

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

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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.

	c.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Army Commendation Medal and the Army Achievement Medal.

	d.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

	e.  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.  With respect to the addition of the ARCOM (2nd Award):

	a.  She provided a DA Form 638 with corresponding Army Commendation Medal orders and certificate which contained a permanent order number for this award.  The Army Commendation Medal is not shown on her DD Form 214.  Therefore, she is entitled to correction to her DD Form 214 to show award of the Army Commendation Medal (1st Award).

	b.  There is no evidence in her records and she provides none to show she was recommended for or awarded a second award of the Army Commendation Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  In the absence of orders, there is insufficient evidence to add a second award of the Army Commendation Medal to her DD Form 214.

2.  With respect to the Army Achievement Medal (2nd Award), she provided two Army Achievement Medal certificates for the same period of time.  However, no accompanying permanent orders were provided or are available in her records. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  In the absence of orders, there is insufficient evidence to add any awards of the Army Achievement Medal to her DD Form 214. 

3.  With respect to the addition of the German Military Sportsman Performance Badge to her DD Form 214, she provided a memorandum authorizing her to accept and wear an Award of Foreign Badge - German Military Sportsman Performance Badge (Bronze).  Therefore, she is entitled to correction to her DD Form 214 to show this award.

4.  With respect to adding all MOS - military education to her DD Form 214, the evidence of record shows she successfully completed 42 weeks of the X-Ray Specialist Course from 13 February 1989 through 6 December 1989.  Her DD Form 214 shows completion of a total of 20 weeks of the X-Ray Specialist Course.  Therefore, she is entitled to correction to her DD Form 214 to show she completed 42 weeks of this course.

5.  She served a qualifying period of service in Southwest Asia for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  Her DD Form 214 credited her with the Kuwait Liberation Medal with no indication which 


country awarded it.  As a matter of clarity, her DD Form 214 should be corrected to show both awards. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 13 of her DD Form 214 the Kuwait Liberation Medal
* adding to item 13 of her DD Form 214:

* Army Commendation Medal (1st Award)
* German Military Sportsman Performance Badge (Bronze)
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

* deleting from Item 14 of her DD Form 214 the entry "X-Ray Specialist Course, 20 weeks, October 1989" and adding the entry "X-Ray Specialist Course, 42 weeks, December 1989"












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 her DD Form 214:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)



      _______ _   _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)                                         AR20120019409



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ABCMR Record of Proceedings (cont)                                         AR20120019409


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