IN THE CASE OF:	  

		BOARD DATE:	  28 May 2014

		DOCKET NUMBER:  AR20130016584 


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

* completion of the Infantry School and Air Assault School
* award of the Army Commendation Medal and Army Achievement Medal
* his service during Operation Desert Storm and all corresponding medals

2.  The applicant states these items are not listed on his DD Form 214.

3.  The applicant provides:

* Army Commendation Medal Certificate
* Army Achievement Medal Certificate
* 101st Airborne Division (Air Assault) – The Air Assault School Certificate of Training

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's available records show he enlisted in the Regular Army on 16 September 1987 and he reenlisted on 23 February 1989.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) is not available for review with this case.  It appears that he was trained in and held military occupational specialty (MOS) 11B (Infantryman).

4.  Headquarters, 101st Airborne Division, Fort Campbell, KY, Permanent Orders 119-5, dated 28 June 1988, awarded him the Air Assault Badge for successful completion of the standard Air Assault Course during the period 13 through 27 June 1988 while assigned to Company B, 1st Battalion, 187th Infantry Regiment.  He provided the resulting certificate.

5.  His records contain:

	a.  a certificate issued by the Multinational Force and Observers (MFO) showing he served with the MFO from October 1988 to April 1989 while assigned to the 1st Battalion, 187th Infantry Regiment;

	b.  a certificate issued by Task Force 1st Battalion, 187th Infantry Regiment, 101st Airborne Division, in recognition of his service in Zone Charlie of the MFO from October 1988 to April 1989;

	c.  a Certificate of Achievement, dated 12 August 1989, for outstanding achievement as a radio telephone operator on Observation Post 3-1, Company B, 1st Battalion, 187th Infantry Regiment, in support of the MFO peacekeeping mission from 10 October 1988 to 5 April 1989 (5 months and 25 days or 175 days);

	d.  a Certificate of Training showing completion of the 40-hour Variable Reach Rough Terrain Forklift Course at Fort Stewart, GA, from 15 through 19 April 1991;

	e.  an Army Commendation Medal Certificate, dated 18 April 1991, showing award of the Army Commendation Medal for meritorious achievement while assigned to Company A, 224th Support Battalion (Forward), 24th Infantry Division, while serving with the 24th Infantry Division Support Command in Saudi Arabia during Operations Desert Shield and Desert Storm by Permanent Order 75-211;

	f.  a U.S. Army Quartermaster School Diploma, dated 30 March 1990, showing he completed the Subsistence Supply Specialist Course at Fort Lee, VA, during the period 20 February 1990 through 30 March 1990;

	g.  Headquarters, U.S. Army Logistics Center, Fort Lee, VA, Orders 042-011, dated 2 March 1990, awarding him primary MOS 76X (Subsistence Supply Specialist) and secondary MOS 11B;

	i.  Headquarters, 24th Infantry Division, Fort Stewart, GA, Permanent Order Number 156-3, dated 5 November 1991, awarding him the Driver and Mechanic Badge with Driver-W (Wheeled Vehicle) Clasp for service from 1 July 1990 to 1 July 1991 with Company A, 224th Support Battalion; and

	j.  an Army Achievement Medal Certificate, dated 26 February 1992, showing award of the Army Achievement Medal for meritorious achievement while serving with Company A, 224th Support Battalion (Forward), from 7 to 27 February 1992. 
This certificate does not show the permanent order number and date and there is no corresponding DA Form 638 (Recommendation for Award).

6.  He was honorably released from active duty in the rank/grade of specialist/E-4 (with a date of rank as 1 January 1992) on 22 May 1992 by reason of expiration of term of service.  His DD Form 214 shows he completed 4 years, 8 months, and 7 days of active service.  It also shows in:

* item 12f (Foreign Service) – no foreign service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Service Ribbon, National Defense Service Medal, Air Assault Badge, Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars, and Army Lapel Button
* item 14 (Military Education) – Subsistence Supply Specialist, 7 weeks, March 1990
* item 18 (Remarks) – no deployments or named operations

7.  His name is shown on the Gulf War Roster as having served in Southwest Asia from 1 October 1990 to 15 March 1991, a period of 5 months and 15 days.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who served in Southwest Asia and the contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995)

	c.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was 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.

	d.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and was 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.

	e.  The MFO Medal was established by the Director General, MFO, on 24 March 1982.  Presidential acceptance for the U.S. Armed Forces and Department of Defense civilian personnel was announced by the Department of Defense on 28 July 1982.  In order to qualify for this award, personnel must have served with the MFO at least 90 cumulative days after 3 August 1981.  Effective 15 March 1985, personnel must serve 6 months (170 days minimum) with the MFO to qualify for this award.  Periods of service on behalf of the MFO outside of the Sinai and periods of leave while a member is serving with the MFO may be counted toward eligibility for the MFO Medal.  Qualifying time may be lost for disciplinary reasons.

		(1)  The Director General, MFO, makes awards, or in his or her name by officials to whom he or she delegates awarding authority.

		(2)  Presentations are usually made by personnel designated by the Director General, MFO.  When presentation is not accomplished, any person with MFO service who believes he or she is eligible for the award may submit a request for the award to the Commander, U.S. Army Human Resources Command (HRC).  This request must include complete details related to MFO duty, including geographical location and inclusive dates of service, and copies of all substantiating documents.  The Commanding General, HRC, will then forward each such request through the Office of Internal Administration, Office of the Assistant Secretary of State for International Organization Affairs, to the MFO for consideration.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.

	a.  Item 12f documents foreign service performed during the period covered by the DD Form 214, as verified by either the Soldier's Enlisted Qualification Record or, if necessary, the Soldier's service record.

	b.  Item 13 shows awards and decorations for all periods of service.

	c.  Item 14 shows 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.

	d.  Item 18 documents a Soldier's participation in foreign deployments in support of named operations.  For active duty Soldiers deployed with their units during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Army Commendation Medal and Driver and Mechanic Badge with Driver-W Clasp.  Neither award is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

2.  The Army Achievement Medal Certificate he provided is insufficient by itself.  Army Regulation 600-8-22 states formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Army Achievement Medal.  In the absence of the orders, there is insufficient evidence to add this award to his DD Form 214.

3.  The applicant served in Southwest Asia in support of Operations Desert Shield/Desert Storm as evidenced by the entry of his name on the Gulf War Roster and award of the Army Commendation Medal that recognized this service.  Although his exact dates of service are unknown, the dates shown on the Gulf War Roster are accepted as the correct dates.  Based on this period of service:

	a.  He is entitled to correction of item 12f and item 18 of his DD Form 214 to show his foreign service and deployment to Southwest Asia from 1 October 1990 to 15 March 1991.

	b.  He is authorized award of the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait) and his DD Form 214 should be corrected to show these awards.

4.  The applicant completed the 1-week Variable Reach Rough Terrain Forklift Course at Fort Stewart, GA, in April 1991.  Therefore, he is entitled to correction of item 14 of his DD Form 214 to show this course.

5.  Although the applicant appears to have completed the Infantry Course, this is a combat course and is not listed on the DD Form 214.  Likewise, although he completed the Air Assault Course as evidenced by his award of the badge, this is a combat course and is not listed on his DD Form 214.

6.  The applicant served in Sinai with Task Force 1st Battalion, 187th Infantry Regiment, in support of the MFO peacekeeping mission from 10 October 1988 to 5 April 1989 (5 months and 25 days).  He is entitled to correction of item 12f and item 18 of his DD Form 214 to show this foreign service and period of deployment.

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 the entry "0000  00  00" from item 12f of his DD Form 214
* adding the entry "0000  11  10" to item 12f of his DD Form 214
* adding award of the Army Commendation Medal, Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Driver and Mechanic Badge with Driver-W Clasp to item 13 of his DD Form 214
* adding completion of the Variable Reach Rough Terrain Forklift Course, 1 week, 1991, to item 13 of his DD Form 214
* adding the entry "SERVICE IN SINAI/EGYPT FROM 19881010-19890405" and "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910315" to item 18 of his DD Form 214

2.  The Board further determined 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 DD Form 214 to show award of the Army 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)                                         AR20130016584



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ABCMR Record of Proceedings (cont)                                         AR20130016584



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