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ARMY | BCMR | CY2014 | 20140002304
Original file (20140002304.txt) Auto-classification: Approved

		IN THE CASE OF: 

		BOARD DATE:    30 September 2014

		DOCKET NUMBER:  AR20140002304 


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) as follows:

	a.  Amend Item 11 (Primary Specialty) to show he held military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman) as his primary MOS (PMOS) for 1 year and 9 months;

	b.  Amend Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show he was awarded the Combat Infantryman Badge (CIB) and the Armed Forces Expeditionary Medal (AFEM) and he is authorized to wear the Right Shoulder Sleeve Insignia (RSSI); and 

	c.  Amend Item 14 (Military Education) to show he completed the Dragon Gunnery Course from June 1989 through September 1989.

2.  The applicant states he was expedited out of the military unjustly as the Army Discharge Review Board (ADRB) stated during his discharge review.  There was not sufficient time to record his awards.  He has been out of the Army for over 
20 years dealing with the way he was treated by his command.  He has suffered from combat-related post-traumatic stress disorder (PTSD) for the entire time and has received treatment for the last 2 years.  He feels he should be able to hold his head high for serving his country. 



3.  The applicant provides a copy of his:

* DD Form 214 for the period ending 28 November 1990
* Permanent Orders 11-3, issued by Headquarters, Joint Task Force – South on 22 January 1990, which awarded him the CIB
* a memorandum issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Polk, which authorized him the AFEM and the RSSI for service in support of Operation Just Cause in Panama
* Verification of Military Experience and Training, dated 1 October 2012
* ADRB memorandum and Case Report and Directive, identified by case number AD91-00373

CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 14 February 1989.  He completed training and was awarded military occupational specialty (MOS) 11B (Infantryman).
2.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows in–

	a.  Item 9 (Awards, Decorations and Campaigns), the Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar;

	b.  Item 17 (Civilian Education and Military Schools), he completed Infantryman (11B) training at the U.S. Army Training Center, 13 weeks in 1989; and

	c.  Item 35 (Record of Assignments), that effective 1 June 1987 he was assigned in MOS 11B1O (Automatic Rifleman) to Company C 4th Battalion, 6th Infantry Regiment at Fort Polk, LA.
3.  The applicant was discharged on 28 November 1990 in the rank/grade of private/E-1.  He completed 1 year, 9 months, and 15 days of net active duty service.  His DD Form 214 shows in:
	a.  Item 11 – 11B1O Infantryman -- 1 year-6 months; 
	b.  Item 13 – Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and
	c.  Item 14 – Infantryman (11B), 13 weeks, 1989.
4.  In support of his application he provides copies of:

	a.  Permanent Orders 11-3, issued by Headquarters, Joint Task Force – South, Fort Bragg, NC on 22 January 1990, which awarded him the CIB for the period 20 December through 28 December 1989.

	b.  A memorandum issued by Headquarters, 5th Infantry Division, Fort Polk, LA, subject:  Award of AFEM and Authorization to Wear the RSSI.  This memorandum shows he was present in Panama in support of Operation Just Cause, from 20 December 1989 through 31 January 1990, and he is authorized the AFEM and to wear the RSSI.

	c.  A Web document, Verification of Military Experience and Training, which shows he had experience in MOS 11M and he held the additional skill identifier (ASI) C2 (Dragon Gunnery) from June through September 1989.

	d.  An ADRB letter, dated 13 November 1992, with enclosures, showing his discharge was upgraded to honorable.

5.  His records contain copies of the orders that show he was awarded the CIB and the memorandum authorizing him the AFEM.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

	a.  The National Defense Service Medal (NDSM) 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.  SSI are not listed as authorized awards or decorations.

7.  Army Regulation 670-1 (Wear and Appearance of Army Uniform and Insignia) prescribes Department of the Army policy for proper wear and appearance of Army uniforms and insignia.  Paragraph 21–17 covers the SSI for former wartime service. 






8.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. 

	a.  Item 11 shows the titles of all MOSs served for at least 1 year and includes the number of years and months served for each MOS.

	b.  Item 14 shows formal in-service (full-time attendance) training courses
successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the CIB and a memorandum issued by Headquarters, 5th Infantry Division (Mechanized) authorized him the AFEM.  His records show he served a qualifying period of service for award of the NDSM.  These awards are not shown on his DD Form 214; therefore, they should be added to his DD Form 214.

2.  The supporting documents have been reviewed, however, there is no substantiating evidence that shows he served in MOS 11M or completed the Dragon Gunnery Course; therefore, absent evidence to the contrary, there is no basis for adding those items to his DD Form 214.

3.  The RSSI, indicating former war-time service, is not authorized for posting on the DD Form 214; therefore, there is no basis for granting this portion of the requested relief.

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 adding the CIB, AFEM, and the NDSM to 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:

* he was awarded or served in MOS 11M
* he completed the Dragon Gunnery Course
* his authorization to wear the RSSI 




      _______ _ 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)                                         AR20110013076



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ABCMR Record of Proceedings (cont)                                       AR20140002304



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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