IN THE CASE OF:	  

		BOARD DATE:	    2 January 2014

		DOCKET NUMBER:  AR20130003771 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his awards of the Good Conduct Medal (AGCM) (second award), Army Commendation Medal (ARCOM) with four oak leaf clusters (OLCs), Army Achievement Medal (AAM) with four OLCs, Italian Parachutist Badge, and completion of the psychological operations specialist course and Basic Haitian Creole course.

2.  The applicant states that his DD Form 214 does not properly reflect his awards of the AGCM (second award), Army Commendation Medal (ARCOM) with four OLCs, Army Achievement Medal (AAM) with four OLCs, Italian Parachutist Badge, and completion of the psychological operations specialist course and Basic Haitian Creole course.

3.  The applicant provides copies of his DD Form 214, orders for the second award of the AGCM, three DA Forms 638-1 (Recommendation for Award) for award of the ARCOM 4OLCs, orders for two awards of the AAM, authorization to wear the Italian Parachutist Badge, five certificates (with order numbers) for award of the ARCOM, certificates for the first award of the AGCM and an AAM, Certificate of Training for the Basic Haitian Creole course, a certificate for the Italian Parachutist Badge, and five certificates of appreciation and participation.

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 15 September 1987 for a period of 4 years.  He completed his training and remained on active duty through continuous reenlistments.  He was promoted to the pay grade of E-6 on 1 November 1993.

3.  On 5 September 1995, he was honorably discharged due to disability with severance pay.  He had served 7 years, 11 months and 21 days of active service.  His DD Form 214 shows he was awarded the Army Achievement Medal, Joint Meritorious Unit Award, Army Good Conduct Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Southwest Asia Service Medal with three bronze service stars, Army Service Ribbon, Kuwait Liberation Medal, and the Parachutist Badge.  

4.  His DD Form 214 also shows that he completed the Mechanic Communication System Operator course of 13 weeks in 1988, Driver Training of 1 week in 1988, Primary Leadership Development Course of 4 weeks in 1990, Operator Specialist Course of 10 weeks in 1991, French Language Course of   25 weeks in 1992, and the Basic Noncommissioned Officer Course of 7 weeks in 1993.

5.  A review of his official records reveals orders for only three awards of the AAM (AAM 2OLC).  Additionally, his records show that he completed the psychological operations specialist course of 10 weeks in 1991and the Haitian Creole Basic Course of 4 weeks in 1994.  Additionally, he served in Southwest Asia (SWA) during the period 19900921 – 19910408.  Further, he provided orders showing he was awarded five awards of the ARCOM (ARCOM 4OLCs) and a second award of the AGCM).

6.  On 15 March 1994, approval was granted for the applicant to accept and wear the Italian Parachutist Badge.

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

8.  Army Regulation 600-8-22 states 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.

9.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.

10.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.

11.  Army Regulation 600-8-22 states the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded the Noncommissioned Officer Professional Development Ribbon with the numeral which identifies the highest level course successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

12.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided order numbers showing five awards of the ARCOM (ARCOM 4OLC).  Accordingly, they should be added to his DD Form 214 at this time.

2.  While the applicant contends that he was awarded four awards of the AAM  (AAM 4OLC), a review of the available records shows only three orders for awards of the AAM (AAM (2OLC).  Accordingly, they should be added to his     DD Form 214.

3.  The applicant was approved for acceptance and wear of the Italian Parachutist Badge and he is entitled to have that foreign decoration added to his DD Form 214. 

4.  The applicant was awarded two awards of the AGCM and is entitled to have them added to his DD Form 214.

5.  Based on his completion of the Basic Noncommissioned Officer Course in 1993, he is also eligible for award of the Noncommissioned Officer Professional Development Ribbon with numeral 2.

6.  His records show that he completed the psychological operations specialist course of 10 weeks in 1991 and it is incorrectly reflected as an Operator Specialist Course on his DD Form 214.  Accordingly, it should be corrected at this time.

7.  He also completed the Haitian Creole Basic Course of 4 weeks in 1994 and is entitled to have that course entered on his DD Form 214.

8.  The applicant served during a qualifying period for awards of the KLM-SA and KLM-K.  Accordingly, they should be added to his DD Form 214.

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 the awards of the Army Achievement Medal, Army Good Conduct Medal, and Kuwait Liberation Medal from his DD Form 214
* Deleting the entry “Operator Specialist Course,10 weeks,1991” from item 14 of his DD Form 214
* Adding the awards of the Army Commendation Medal 4OLC, AAM 2OLC, Army Good Conduct Medal (2d award), Noncommissioned Officer Professional Development Ribbon with numeral 2,  KLM-SA, KLM-K and Italian Parachutist Badge to his DD Form 214
* Adding the entries “Psychological Operations Specialist Course,             10 weeks, 1991” and “Haitian Creole Basic Course, 4 weeks,1994” to item 14 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 adding the award of the AAM 4OLC 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)                                         AR20130003771





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ABCMR Record of Proceedings (cont)                                         AR20130003771



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