IN THE CASE OF:  	  

		BOARD DATE:  16 December 2014	  

		DOCKET NUMBER:  AR20140007267 


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 all of the awards, decorations, certificates, and achievements that were omitted from his separation document.

2.  The applicant states he was assigned to the 6th Infantry Brigade, 7th Army, U.S. Army Europe and stationed in Berlin, Germany for 2 years, 8 months, and 10 days.  He states his DD Form 214 should show the Presidential Unit Citation (PUC), Meritorious Service Medal (MSM), Armed Forces Expeditionary Medal (AFEM), Army of Occupation Medal (AOM), Army Reserve Service Competition Medal, Foreign Service Medal, and Cold War Recognition Certificate.

3.  The applicant provides copies of his DD Form 214 and discharge orders, five certificates, and an email message.

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 (RA) on 30 January 1979 for a period of 3 years.  He was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator). 

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in –

* item 5 (Oversea Service):  Germany from 18 May 1979 through 
24 January 1982

* item 9 (Awards, Decorations and Campaigns) –

* Army of Occupation Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with (.45 Caliber) Pistol, Mortar, and Grenade Bars
* Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar

* item 35 (Record of Assignments) –

* Combat Support Company, 4th Battalion, 6th Infantry, Berlin Brigade – Germany, from 19 May 1979 through 9 October 1980
* Headquarters and Headquarters Company, 4th Battalion,
6th Infantry, Berlin Brigade - Germany, from 10 October 1980 through 28 January 1982

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 29 January 1982, based on completion of required active service, and transferred to the 842nd Signal Company, Pensacola, FL.  He had completed 3 years of total active duty service this period that included 2 years, 8 months, and 10 days of foreign service.  It also shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the –

* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar
* Expert Marksmanship Qualification Badge with (.45 Caliber) Pistol, Mortar, and Grenade Bars

5.  U.S. Army Reserve Personnel Center, St. Louis, MO, Orders D-09-045396, dated 28 September 1984, honorably discharged the applicant from the U.S. Army Reserve (Ready Reserve) effective 25 October 1984.

6.  A review of the applicant's military personnel record failed to reveal any evidence the applicant was authorized or awarded any other awards or decorations during the period of service under review.
	
7.  In support of his request the applicant provides the following documents:

   a.  Berlin Brigade, Sentinel in Support of Freedom certificate that shows the Commander, Combat Support Battalion (CSC), recognized the applicant for his distinguished and valuable service to the CSC during major training at Bergen-Hohne during the period 5 January 1981 to 30 January 1981 and bestowed the title of honorary member of the battalion so long as it remained on the active rolls of the U.S. Army.

   b.  Certificate of Recognition presented to the applicant during the period of the Cold War (2 September 1945 to 26 December 1991).

   c.  The Military Order of the World Wars, presented to the applicant (a former member of the U.S. Air Force) as a member of the Headquarters Chapter elected in perpetuity in March 2010.

   d.  European Press Federation, Certificate of Accreditation, that recognized the applicant as a certified journalist and was issued by the General Secretary, Brussels, Belgium, September 2011.

   e.  Certificate of Membership, dated 16 August 2013, presented to the applicant for meeting the requirements and regulations for membership of the U.S. Coast Guard Auxiliary.

   f.  An email message, dated 23 June 2014, that shows the Commandant of the Coast Guard awarded the Coast Guard Unit Commendation to all Auxiliarists of the U.S. Coast Guard Auxiliary for exceptionally meritorious service from 
24 June 2009 to 23 June 2014.

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

	a.  The PUC is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

	b.  The MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.  After 16 January 1969 but prior to
11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	c.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in, the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  A review of Table 2-2 (AFEM – Designated U.S. Military Operations) and Table 2-3 (AFEM – Designated U.S. Military Operations in Direct Support of the United Nations) failed to show that the AFEM is authorized for service in Berlin, Germany during the period of service under review.

	d.  The AOM is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  The AOM with Germany Clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

	e.  The Army Lapel Button is a gratuitous issue item and the eligibility requirements are Soldiers transitioning with an honorable characterization of service (i.e., those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate).

	f.  Foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Foreign decorations that do not meet these criteria may be authorized for acceptance, but not for wear and will not be entered in the official military records of the recipient.  


	g.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as such, is not shown on a separation document.  

	h.  The Army Reserve Service Competition Medal is not listed in Army Regulation 600-8-22.

9.  Department of the Army Pamphlet 670-1 (Uniform and Insignia – Guide to the Wear and Appearance of Army Uniforms and Insignia) provides the implementation procedures for wear and appearance of Army uniforms and insignia.  Chapter 22 (Wear of Decorations, Service Medals, Badges, Unit Awards, and Appurtenances) Table 22-1 (Authority for wear – U.S. unit award emblems), Footnote 2 shows that a Soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.  Soldiers may wear the unit award only while assigned to the cited unit.

10.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  

   a.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   b.  The regulation contains item-by-item instructions for completing the DD Form 214.  It states for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show all of the awards, decorations, certificates, and achievements that were omitted from his separation document.

2.  The evidence of record shows:

   a.  the applicant served with the CSC Battalion, 6th Infantry, Berlin Brigade, from 19 May 1979 through 28 January 1982 and this service qualified him for the Army of Occupation Medal with Germany Clasp, and

   b.  his active duty service qualified him for the Army Lapel Button.

3.  There is no evidence of record that shows any unit that the applicant was assigned to was awarded the PUC during the period of service under review. Therefore, he is not entitled to correction of his records to show this unit award.

4.  There are no orders or other evidence of record that shows the applicant was awarded the MSM.  Therefore, he is not entitled to the MSM.

5.  There is no evidence of record that shows the applicant was authorized the AFEM for his service during the period of service under review.  Therefore, he is not entitled to correction of his records to show the AFEM.

6.  There is no evidence of record that shows the applicant was authorized the Army Reserve Service Competition Medal.  In any event, the evidence of record fails to show that the Army Reserve Service Competition Medal as a military award that is authorized for entry on the DD Form 214.

7.  The evidence of record shows that only awards and decorations listed in Army Regulation 600-8-22 are listed in item 13 of the DD Form 214.  As such, the applicant is not entitled to correction of his DD Form 214 to show the recognition he received with respect to the Berlin Brigade Sentinel in Support of Freedom Certificate, Cold War Recognition Certificate, The Military Order of the World Wars, European Press Federation Certificate of Accreditation, Foreign Service Medal and/or Certificate of Membership of the U.S. Coast Guard Auxiliary.

8.  The evidence of record shows the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date (emphasis added).  Thus, he is not entitled to correction of his DD Form 214 to show the Coast Guard Unit Commendation.

9.  Therefore, in view of the foregoing, it would be appropriate to correct his records to show his awards and decorations, as recommended below.

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 item 13 of his DD Form 214 the:

* Army of Occupation Medal with Germany Clasp
* Army Lapel Button

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 the Presidential Unit Citation, Meritorious Service Medal, Armed Forces Expeditionary Medal, Army Reserve Service Competition Medal, Foreign Service Medal, and Cold War Recognition Certificate.




      _______ _   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)                                         AR20140007267



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ABCMR Record of Proceedings (cont)                                         AR20140007267



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