IN THE CASE OF:	  

		BOARD DATE:	 1 August 2013 

		DOCKET NUMBER:  AR20120020887 


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) to show his foreign service in Korea and Turkey.  In addition he requests the following awards be added to his DD Form 214:

* Overseas Service Ribbon
* Southwest Asia Service Medal
* Driver and Mechanic Badge with W Bar (for wheeled vehicles)
* Air Assault Badge
* Korea Defense Service Medal (Maine Air National Guard)

2.  The applicant states, in effect, his records are inaccurate and unjust because his hardship discharge was processed in a hurried manner by Fort Devens, MA personnel without having his complete record.  He was under the personnel reliability program (PRP) and he was not allowed to discuss his duty in or around anyone for 20 years as advised by his commander during his outprocessing from the unit.  He lost all his teeth at age 35 and had to have both his hips replaced at age 38 and 39.  He firmly believes it was due to radiation exposure while stationed at the 21st U.S. Army Field Artillery Detachment.

3.  The applicant provides:

* DD Form 214 (Army) 
* DD Form 214 (Air Force)
* DA Form 2-1 (Personnel Qualification Record)
* DA Form 3180 (Personnel Screening and Evaluation Record)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* Four National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service)
* NGB Form 22A (Correction to NGB Form 22)
* SGLV 8286 (Servicemen's Group Life Insurance Election and Certificate)
* Two U.S. Army Signal Center and Fort Gordon Training Certificates
* Permanent Order Number 45-02, dated 6 July 1990
* Permanent Order Number 55-04, dated 9 August 1990
* Orders Number 138-135, dated 20 July 1988
* Hardship discharge packet with allied documents
* Various witness statements, medical records, travel orders, travel vouchers, military reassignment orders, training certificates, and leave and earning statements

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 9 February 1988 and served in primary military occupational specialty 31C (Single Channel Radio Operator).

3.  His Army Military Human Resource Record (AMHRR) contains limited assignment and training information; however, he provides the following:

	a.  His DA Form 2-1 which shows he served in Turkey from 7 September 1988 through 6 September 1990.

	b.  Permanent Order Number 45-02, issued by Headquarters, 528th U.S. Army Artillery Group, dated 6 July 1990.  These orders awarded him the Army Commendation Medal for the period 2 September 1988 to 2 September 1990 while assigned to the 21st U.S. Army Field Artillery Detachment, Turkey.

	c.  Special Order Number 3, issued by the 265th Combat Communications Squadron (Air Combat Command), South Portland, ME, dated 16 December 1993.  These orders directed the applicant to perform duty at Kunsan Air Base, Korea from 26 December 1993 through 28 January 1994.

	d.  The following separation documents:

* DD Form 214 (Air National Guard) for the period 18 September 1991 through 22 June 1992
* NGB Form 22 (Air National Guard of Maine) for the period 30 April 1993 through 22 August 1994
* NGB Form 22 (Air National Guard of New Hampshire) for the period 
4 April 1995 through 6 March 1996

	e.  Several statements in support of his Department of Veterans Affairs disability claim.  The former chaplain for the 528th U.S. Army Artillery Group and a fellow Soldier contend that the unit was awarded the Southwest Asia Medal with bronze service star on 12 March 1991 for participation in or support of military operations in Southwest Asia or in the surrounding areas between 
2 August 1990 and 30 November 1995, including Operations Desert Shield and Desert Storm.  These witness statements further confirm the applicant was assigned to the 21st Field Artillery Detachment which was a tactical nuclear projectile storage facility with a classified mission.

4.  He was honorably released from active duty on 14 January 1991.  His DD Form 214 for this period shows in:

   a.  Item 12f (Foreign Service) – "0000  00  00."

   b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button
* Army Commendation Medal
* Overseas Service Ribbon
* Army Achievement Medal

5.  There is no evidence that the applicant was assigned to or that he successfully completed the Air Assault Course.  Further, there are no documents showing he performed the duties and responsibilities as a driver or assistant driver of government vehicles.
6.  The applicant's record is void of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  It states the:

	a.  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.

	b.  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.

	c.  Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  Members serving in Israel, Egypt, Turkey, Syria, and Jordan between 17 January 1991 and 11 April 1991 are eligible for this award provided they were under the command of U.S. Central Command or were directly supporting military operations in the combat theater.

	d.  Overseas Service Ribbon is awarded for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	e.  Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	f.  Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

	g.  Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  Authorized driver component bars include W (for wheeled vehicles), T (for tracked vehicles), M (for motorcycles), A (for amphibious vehicles), and mechanic (for automotive or allied vehicles).  The awards regulation identifies the following eligibility requirements for the Driver and Mechanic Badge for drivers:

		(1)  possess a current Optional Form 346 (U.S. Government Motor Vehicles Operator's Identification Card);
		(2)  be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator's Qualification Record; or
		(3)  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

8.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214 and states for item 12f enter the total amount of foreign service completed during his or her continuous period of active service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his foreign service in Turkey be shown in item 12f of his DD Form 214.  In addition, he requests the Overseas Service Ribbon, Southwest Asia Service Medal, Driver and Mechanic Badge with W Bar, and the Air Assault Badge be added to his DD Form 214.

2.  His DD Form 214 shows he was awarded the Overseas Service Ribbon and his DA Form 2-1 shows he served in Turkey from 7 September 1988 through 
6 September 1990; however, item 12f of his DD Form 214 does not show he completed any foreign service.  It would be appropriate to amend item 12f of his DD Form 214 to show he completed 2 years of foreign service. 

3.  The available evidence shows he met the criteria for the first award of the Army Good Conduct Medal.  There is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for his honorable period of service from 9 February 1988 through 14 January 1991.

4.  The applicant served a period of honorable active service during a qualifying period for award of the National Defense Service Medal; therefore this award should be added to his DD Form 214. 

5.  Witness statements provided by the applicant contend that members of his unit in Turkey were awarded the Southwest Asia Service Medal with bronze service star.  However, regulatory guidance states that members serving in Israel, Egypt, Turkey, Syria, and Jordan between 17 January 1991 and 11 April 1991 are eligible for this award provided they were under the command of U.S. Central Command or were directly supporting military operations in the combat theater are authorized this award.  His record clearly shows he departed Turkey on 6 September 1990; therefore, he is not eligible for award of the Southwest Asia Service Medal.

6.  The applicant's record is void of a driving record and/or any documents or orders indicating he was ever recommended for or awarded the Driver and Mechanic Badge and the applicant failed to provide independent evidence showing he met the eligibility requirements for this badge.  As a result, the regulatory burden of proof necessary to support award of the Driver and Mechanic Badge has not been satisfied in this case and there is an insufficient evidentiary basis to support granting the requested relief.

7.  There is no evidence in his records and he did not provide evidence of satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  Therefore, there is insufficient evidence to award him this badge.

8.  His record shows that he completed one overseas assignment in Turkey during the period covered by his Army DD Form 214.  Further, the Overseas Service Ribbon is shown on his DD Form 214; therefore, no error exists in regard to this issue.

9.  It appears he is requesting that his Army records be corrected to show the award of the Korea Defense Service Medal; however, he completed his temporary duty in Korea during his subsequent period of service in the Air Force National Guard.  The applicant should send his request for award of the Korea Defense Service Medal to the Air Force at the following address:  
Board for Correction of Air Force Records, Attn:  SAF/MBR, 550 C Street West, Suite 40, Randolph Air Force Base, TX, 78150-4721.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
9 February 1988 through 14 January 1991;

	b.  deleting the entry in item 12f of his DD Form 214 and adding the entry "0002  00  00"; and

	c.  adding the Army Good Conduct Medal (1st Award) and National Defense Service Medal to item 13 of his DD Form 214.

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 award of the Southwest Asia Service Medal, Air Assault Badge, Driver and Mechanic Badge with W Bar, and Korea Defense Service Medal.




      _______ _   _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)                                         AR20120020887



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ABCMR Record of Proceedings (cont)                                         AR20120020887



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