IN THE CASE OF:	  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140003264 


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: 

* Army Achievement Medal (2nd Award)
* Humanitarian Service Medal
* Arkansas Emergency Service Ribbon
* Army Superior Unit Award
* Additional Skill Identifier (ASI) C (recruiter)

2.  The applicant states the lack of listing the requested items on his DD Form 214 is unjust for proving such awards. 

3.  The applicant provides:

* Certificate of Training, dated 20 July 1990
* Certificate of Training, dated 9 July 1990
* DA Form 4187 (Personnel Action), dated 15 March 1991
* Certificate of Accomplishment - Recruiter Army National Guard (ARNG)
* Letter of commendation
* Certificate of award of the Army Superior Unit Award
* Recommendation for Award
* Orders 40-18 
* Certificate awarding him the Army Achievement Medal
* Permanent Order Number 209-23, dated 6 November 1990

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.  Having had prior service in the Army National Guard (ARNG), the applicant enlisted in the Regular Army on 12 July 1983.  He held military occupational specialty (MOS) 12B (Combat Engineer).  He served in Germany from 5 January 1985 to 24 February 1986.  He was assigned to Company D, 1st Engineer Battalion. 

3.  He also completed training for award of MOS 31M (Multichannel Communications Equipment Operator).  His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to Headquarters and Headquarters Battery, 1st Battalion, 4th Air Defense Artillery Regiment, Fort Lewis, WA, on or about 26 March 1987. 

4.  PO Number 114-87, issued by Headquarters, 198th Personnel Service Company, Germany, on 21 July 1986, awarded him the Army Good Conduct Medal (1st Award).

5.  PO Number 235-10, issued by Headquarters, I Corps, Fort Lewis, WA, on 12 December 1988, awarded him the Army Achievement Medal for meritorious service from 4 March 1987 to 1 December 1988, while assigned to Headquarters and Headquarters Battery, 1st Battalion, 52nd Air Defense Artillery.  

6.  He was honorably discharged from active duty on 12 January 1989 by reason of expiration of term of service.  His DD Form 214 for this period of service shows in:

	a.  item 11 (Primary Specialty Number, Title and Years and Months in Specialty), 31M1O Multichannel Communications Equipment Operator, 1 year and 11 months; 12B1O Combat Engineer, 6 years and 4 months; and 

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Army Service Ribbon, Army Lapel Button, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Overseas Service Ribbon. 

7.  Subsequent to discharge from active duty, he enlisted in the Arkansas ARNG (ARARNG) on 13 January 1989.  He was assigned to the 875th Engineer Battalion.

8.  He was separated from the ARARNG on 12 January 1990.  He was issued a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that captured his ARNG service. 

9.  He enlisted in the U.S. Army Reserve (USAR) on 1 May 1990.  He was initially assigned to the 588th Engineer Battalion and later to the 319th Military Intelligence Brigade.  

10.  He was reassigned from his troop program unit on 25 March 1992 to the USAR Control Group (Reinforcement) and he was honorably discharged from the USAR on 27 April 1993. 

11.  He provides: 

	a.  A certificate of training showing completion of the Nuclear, Biological, and Chemical Defense School, from 9 to 20 July 1990 at Fort Polk, LA. 

	b.  A certificate of training showing completion of the M8A1 CAA Trainer's Workshop on 9 July 1990. 

	c.  A DA Form 4187, signed by his commander on 15 March 1991, requesting award of ASI "C." 

	d.  A certificate, undated, showing completion of the ARNG Recruiter Training Course. 

	e.  A letter of commendation, issued by the Commanding General, 9th Infantry Division, Fort Lewis, WA, on 27 October 1988, recognizing his efforts during the forest fires in the vicinity of Yellowstone and Canyon Creek, while a member of Headquarters and Headquarters Battery, 1st Battalion, 52nd Air Defense Artillery.  


	f.  A certificate, issued on 5 May 1988 by Headquarters, Department of the Army, awarding the Army Superior Unit Award to the 1st Battalion, 4th Air Defense Artillery, for meritorious performance of a difficult mission from 22 March 1987 to 19 June 1987. 

	g.  An approval memorandum, issued by (now) the U.S. Army Human Resources Command on 7 June 1988, approving the recommendation to award the Army Superior Unit Award to the 1st Battalion, 4th Air Defense Artillery, for meritorious performance of a difficult mission from 22 March 1987 to 19 June 1987. 

	h.  Orders 40-18, issued by the ARARNG on 18 February 1983, ordering him to active military service of the State for flood disaster recovery duty at Imboden, AR from 9 to 10 December 1982. 

	i.  A certificate, dated 10 November 1988, awarding him the Army Achievement Medal, while assigned to the 1st Battalion, 52nd Air Defense Artillery, from 4 March 1987 to 1 December 1988. 

	j.  PO Number 209-23, awarding him the Army Achievement Medal for outstanding performance from 4 June 1990 to 15 June 1990. 

12.  Army Regulation 600-8-22 (Military Awards) provides for the following 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. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Achievement Medal. 

	b.  The Humanitarian Service Medal is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  Table C-1 of Army Regulation 600-8-22 shows:

(1) The Mississippi River Flood 2 December 1982 – 30 June 1983 Lower Valley Mississippi (AR, IL, KY, LA, MS, MO, and TN), was approved by DOD as qualifying for award of the Humanitarian Service Medal
(2) Operation Firebreak 1988 19 August – 6 October 1988, Western United States, was approved by DOD as qualifying for award of the Humanitarian Service Medal.  (There appears to be an error in the regulation.  Note 7 states, “The areas of operation include – The Canyon Creek Fire in the Lewis and Clark National Forest…Yellowstone National Park…”   The note is not linked to any one of the operations listed but appears most likely applicable to Operation Firebreak 1988.)

	c.  The Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award.

13.  Army Regulation 635-5 (Separation Documents), in effect 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 duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  Chapter 2 states for item 11 enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month (do not count basic training and AIT).  For an enlisted Soldier, also specify the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable. Enter "O" when not applicable.  For item 13, enter the Soldiers awards and decorations.  State awards are not authorized for entry on the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant confuses the DD Form 214 with the NGB Form 22:

	a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The applicant served on active duty from 12 July 1983 to 12 January 1989.  This form is the subject of correction by the Board. 
	b.  The NGB Form 22 is a summary of a Soldier's ARNG service and is issued by the State headquarters.  The applicant served in the ARARNG from 13 January 1989 to 12 January 1990.  As this form is issued by the State, any corrections to this form should be addressed to the issuing authority. 

2.  During his active duty service, the applicant was awarded the Army Achievement Medal by authority of PO Number 235-10, dated 12 December 1988, for service from 4 March 1987 to 1 December 1988.  He is entitled to correction of his DD Form 214 to show this award.  

3.  He was awarded a second award of the Army Achievement Medal by authority of PO Number 209-23, dated 6 November 1990, for service from 4 June 1990 to 15 June 1990.  This award was awarded after his discharge from active duty.  It is not authorized for entry on his previously-issued DD Form 214. 

4.  With respect to the Army Superior Unit Award: 

	a.  The applicant's DA Form 2-1 shows he was assigned to Headquarters and Headquarters Battery, 1st Battalion, 4th Air Defense Artillery Regiment, Fort Lewis, WA, on or about 26 March 1987. 

	b.  However, the PO that awarded him the Army Achievement Medal for meritorious service from 4 March 1987 to 1 December 1988 shows he was assigned to Headquarters and Headquarters Battery, 1st Battalion, 52nd Air Defense Artillery.  Likewise, the memorandum, dated 27 October 1988, from the Commanding General, 9th Infantry Division, shows the same.  

	c.  Although the 1st Battalion, 4th Air Defense Artillery Regiment was awarded the Army Superior Unit Award from 22 March to 19 June 1987, a timeframe he was at Fort Lewis, there is insufficient evidence to confirm his assignment to this unit.  As such, there is insufficient evidence to confirm his entitlement to this award. 

5.  With respect to the Humanitarian Service Medal:

	a.  The Humanitarian Service Medal is awarded for meritorious direct participation in an approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation  

	b.  The applicant provided orders issued by the ARNG on 18 February 1983 to support flood disaster recovery in Imboden, AR.  It is unclear if he directly participated in the humanitarian act or operation as he did not provide evidence that substantiates his direct participation.  Further, it appears he was not on active duty.

	c.  The applicant also provided a letter of commendation, dated 27 October 1988, regarding his performance during the forest fires in the vicinity of Yellowstone and Canyon Creek when he was in the Regular Army.  Although it is unclear if his performance or support of this mission occurred during the specified time limits, the letter is consistent with the firefighting operation in the Western United States at the time, for which the Humanitarian Service Medal was authorized.  It appears he met the criteria for this award and should have his records corrected to show it. 

6.  With respect to the Arkansas Emergency Service Ribbon, this is a State award and is not governed by Army Regulation 600-8-22.  The applicant is advised to address this award with the State Adjutant General. 

7.  The applicant held MOS 12B and MOS 31M during his active duty service.  He neither completed a recruiter course nor was he awarded an ASI for this course during his active duty service.  His DD Form 214 correctly listed his MOS and the years/months in both specialties in item 11.  His completion of an ARNG Recruiter Course has no bearing on his previously-issued 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 adding to his DD Form 214, ending on 12 January 1989, the Army Achievement Medal and the Humanitarian Service Medal. 

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:

* Army Achievement Medal (2nd Award)
* Arkansas Emergency Service Ribbon
* Army Superior Unit Award
* Additional Skill Identifier (ASI) C (recruiter)



      _______ _   __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)                                         AR20140003264





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ABCMR Record of Proceedings (cont)                                         AR20140003264



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