IN THE CASE OF:	  

		BOARD DATE:  3 December 2013

		DOCKET NUMBER:  AR20130005280 


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:

	a.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 May 1991 to add the Army Service Ribbon, Sea Service Deployment Ribbon, Meritorious Unit Commendation, Army Achievement Medal, Armed Forces Reserve Medal, Army Reserve Components Achievement Medal, certificates of achievement, and training.

	b.  amendment of his first name on his Army Achievement Medal Certificate to show his first name and middle initial as "John F." instead of "Johas."

2.  The applicant states:

* he wants his DD Form 214 updated to reflect additional information not entered on his original form, including schooling, achievements, and awards and decorations
* due to massive troop movement during that time period, his DD Form 214 was not properly filled out
* he questions the authorization to wear the Army Reserve Components Achievement Medal because he was a volunteer (individual mobilization augmentee) during the Persian Gulf war
* his first name is John and the Army Achievement Medal citation shows the name Johas


3.  The applicant provides:

* DD Form 214 for the period ending 8 May 1991
* Army Achievement Medal Certificate, dated 28 April 1991
* Permanent Orders 10-10, issued by Headquarters, U.S. Army Forces Central Command, Fort McPherson, GA, dated 21 January 1992
* Certificates of Training, dated 27 December 1990
* Certificate of Achievement, dated 29 April 1991
* Order 2-2, issued by Headquarters, 1103rd Transportation Battalion, Saudi Arabia, dated 3 February 1991

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 requested that the Army Service Ribbon, Army Achievement Medal, and the Sea Service Deployment Ribbon be added to his DD Form 214 for the period ending 8 May 1991.  On 12 March 1992, a DD Form 215 (Correction to DD Form 214) was issued adding these awards among other corrections, as shown on the DD Form 215.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.  A copy of the DD Form 215, dated 12 March 1992, will be provided with these Proceedings.

3.  Having prior active service in the U.S. Marine Corps, the applicant enlisted in the U.S. Army Reserve (USAR) on 1 February 1989.  His enlistment contract shows his first and middle name as "John Frederick."  He was ordered to active duty on 11 December 1990 in support of Operation Desert Shield/Desert Storm in accordance with (IAW) Title 10, U.S. Code, sections 673B and 672.  He arrived in Southwest Asia on 18 January 1991.  He was subsequently assigned to the 1485th Transportation Company on 2 February 1991.


4.  His record contains an Army Achievement Medal Certificate, dated 27 April 1991, that shows his first name as "Johas" with no middle initial.  He provides an Army Achievement Medal Certificate for the same service during Operation Desert Shield/Desert Storm.  However, this certificate is dated 28 April 1991 and bears the additional entry "Permanent Order 7-22."  The first name was altered to reflect the first name as "John."

5.  On 7 May 1991, he departed Southwest Asia and on 8 May 1991, he was honorably released from active duty (REFRAD) and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows in:

* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the entry "See Block 18//Nothing Follows"
* item 14 (Military Education) the entry "None//Nothing Follows"
* item 18 (Remarks) the entry "A DD Form 215 will be issued to provide missing information or to correct any information"

6.  Permanent Orders 10-10, dated 21 January 1992, show the 1485th Transportation Company was cited for award of the Meritorious Unit Commendation for meritorious performance in support of Operation Desert Shield/Desert Storm during the period 27 December 1990 to 25 June 1991.

7.  His record contains a DD Form 215, dated 12 March 1992, that corrected his DD Form 214 for the period ending 8 May 1991 to add in:

	a.  item 13 the:

* National Defense Service Medal
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Army Achievement Medal
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal
* Sea Service Deployment Ribbon (Navy-Marine Corps) with 1 star
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Meritorious Mast (3rd Award)

	b.  item 18, the entry "Ordered to active duty in support of Operation Desert Shield/Storm IAW Title 10, U.S. Code, section 672(d) and 682."


8.  He was honorably discharged from the USAR on 18 February 1997.

9.  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 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 states for:

	a.  item 13, 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.

	b.  item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the
DD Form 214, including title, length in weeks, and month and year completed.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under sections 12301(a) [previously numbered section 672], 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code.  The "M" Device will be worn on the Armed Forces Reserve Medal to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.


	b.  the Army Reserve Components Achievement Medal is authorized for award to Army personnel in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show the applicant's unit in Southwest Asia was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 for the period ending 8 May 1991 should be corrected to show this unit award.

2.  Evidence shows he was mobilized and ordered to active duty in support of Operation Desert Shield/Desert Storm in accordance with Title 10, U.S. Code, section 672(d), later renumbered section 12301.  Therefore, he served during a qualifying period of service for entitlement to the Armed Forces Reserve Medal with "M" Device and correction of his DD Form 214 for the period ending 8 May 1991 to show this award.

3.  There is no evidence the applicant served a qualifying period of service for entitlement to the Army Reserve Components Achievement Medal prior to his REFRAD from active service on 8 May 1991.  Therefore, there is no basis for adding this award to his DD Form 214 for the period ending 8 May 1991.

4.  Certificates of achievement and similar documents are not listed in Army Regulation 600-8-22; as such, they are not authorized to be added on the
DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's request.

5.  There is no evidence of record and the applicant did not provide any evidence that shows he completed any military education courses during the period covered by the DD Form 214 that qualify for entry on his DD Form 214.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

6.  Records show the applicant continuously served under the first and middle name of "John Frederick."  It appears that during the preparation of his Army Achievement Medal Certificate an administrative error occurred that resulted in his first name being entered as "Johas" instead of the first name and middle initial as "John F.," the name under which he enlisted.  Therefore, it would be appropriate at this time to correct his Army Achievement Medal Certificate, dated 28 April 1971, under Permanent Order 7-22, to show his first name and middle initial as "John F."

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.  adding to item 13 of his DD Form 214 for the period ending 8 May 1991 the:

* Armed Forces Reserve Medal with "M" Device
* Meritorious Unit Commendation

	b.  removing from his AMHRR the Army Achievement Medal Certificate, dated 17 April 1991, bearing the first name as "Johas"; and

	c.  reissuing him the Army Achievement Medal Certificate, dated 28 April 1991, with the entry Permanent Order 7-22 and first name and middle initial as "John F."

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 his DD Form 214 


for the period ending 1991 any certificates of achievement and training and the Army Reserve Components Achievement 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)                                         AR20130005280



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130005280



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1