BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140015425 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his correct rank, awards and service.

2.  The applicant states, in effect, that his DD Form 214 does not reflect his Reserve or National Guard Service; his correct rank; or all of his awards, citations, and unit awards.  He also states that he believes he should have been awarded the Southwest Asia Service Medal, Armed Forces Service Medal, Humanitarian Service Medal, and the Korea Defense Service Medal. 

3.  The applicant provides copies of his DD Form 214, certificates of training for his basic training and advanced individual training; certificates of achievement; orders transferring him to attend basic airborne training and assigning him to Fort Hood, Texas; discharge orders from the United States Army Reserve (USAR); a DA Form 4187 (Personnel Action) advancing him to pay grade of E-4; and part of his enlistment contract.   

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 on 3 February 1994 for a period of 4 years and training as a medical specialist.  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training at Fort Sam Houston, Texas and was transferred to Korea for his first assignment on             7 September 1994.  He was assigned to Headquarters and Headquarters Troop, 5th Battalion, 17th Cavalry Regiment.

3.  He departed Korea on 6 September 1995 and was transferred to Fort Benning, Georgia where he completed the 3-week basic airborne course and was awarded the Parachutist Badge and Special Qualification Identifier (SQI) “P”. 

4.  He was then transferred to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 10 September 1996 under the provisions of Army Regulation 635-200, paragraph 16-5b, due to non-retention on active duty.  He had served 2 years, 7 months and 8 days of active service and his DD Form 214 issued at the time of his REFRAD shows in block 11 that his MOS was 91B1O and that he was awarded the Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and his marksmanship badges.  It shows in block 14 that he completed the medical specialist course of 10 weeks in 1994 but does not reflect his basic airborne training of 3 weeks in 1995.  He was transferred to the USAR Control Group (Annual Training).

5.  The applicant served in the USAR and the Georgia Army National Guard (GAARNG) subsequent to his REFRAD and was advanced to the pay grade of E-4 on 1 October 1998.

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is in effect at the time the DD Form 214 is prepared.  Events that occur subsequent to the date the DD Form 214 is issued will not be retroactively added to the DD Form 214.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

7.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.  An individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit (emphasis added).

8.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  

9.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Army Regulation 600-8-22 states the Armed Forces Service Medal (AFSM) may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility.

11.  Army Regulation 600-8-22 states the Humanitarian Service Medal (HSM) is awarded to members who, after 1 April 1975, distinguished themselves by 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant completed the 3-week basic airborne course in 1995 and was awarded the Parachutist Badge and SQI “P.”  Accordingly, he is entitled to have them reflected on his DD Form 214.

2.  The applicant served in Korea for a 1-year tour and is entitled to be issued the KDSM and to have it added to his DD Form 214.

3.  The applicant’s contention that his DD Form 214 does not reflect his Reserve Component service and promotion to the pay grade of E-4 has been noted and found to lack merit.  Only service performed as of the date the DD Form 214 is issued will be included on the DD Form 214.

4.  The applicant’s contention that he should be awarded the SWASM, AFSM and HSM has been noted and appears to lack merit.  The applicant has failed to show any evidence of eligibility for those awards.

5.  The applicant’s contention that his DD Form 214 should be corrected to reflect unit awards for his service in Korea is noted and found to lack merit.  The applicant was issued those awards while assigned to his unit in Korea and was only authorized to wear those awards on his uniform while assigned to the unit because he was not with the unit when they were earned and thus were only temporary awards.

6.  The applicant’s contention that his certificates of achievement and training should be added to his DD Form 214 has also been noted and found to lack merit.   

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:

* Deleting the entry “91B1O” from item 11 of his DD Form 214 and adding the entry “91B1P” to item 11
* Adding the award of the Parachutist Badge and KDSM to his DD Form 214
* Adding the entry “Basic Airborne Course, 3 weeks, 1995” to item 14 of his DD Form 214

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 correcting his rank or adding certificates of achievement and training, or unit awards to his DD Form 214.  




      _______ _  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)                                         AR20140015425



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ABCMR Record of Proceedings (cont)                                         AR20140015425



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