quote:
RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 July 2005
DOCKET NUMBER: AR20040010795
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun Director
Ms. Beverly A. Young Analyst
The following members, a quorum, were present:
Ms. Linda Simmons Chairperson
Mr. Patrick McGann Member
Mr. Leonard Hassell Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, 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 the 3rd Armored Division "Spear Head" Combat Patch, the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal, the Overseas Service Ribbon (OSR) with Numeral "3," the Good Conduct Medal (GCMDL), the Army of Occupation Medal (AOM), and the Armed Forces Service Medal (AFSM).
2. The applicant states that his DD Form 214 does not show these awards.
3. The applicant provides no documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on 26 February 1992. The application submitted in this case is dated 18 November 2004.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted in the Regular Army on 22 January 1985. He completed the required training and was awarded military occupational specialty 16S (Man Portable Air Defense System [MANPADS] Crewmember). He was assigned to Headquarters and Headquarters Company and Service Company Berlin Brigade in Germany on 15 August 1985. He was promoted to specialist 1 July 1986.
4. He departed Germany on 13 August 1987. Block 5 (Oversea Service) on his DA Form 2-1 (Personnel Qualification Record) shows he was credited with a normal tour completion in Germany (24 months).
5. The applicant was released from active duty on 16 August 1987, and reenlisted on 17 August 1987 for a period of five years.
6. He was reassigned to Germany on 21 July 1989.
7. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. This database shows that the applicant served in SWA from 11 February 1991 through 16 March 1991.
8. The applicant's DA Form 2-1 shows he was reassigned to Germany on 17 March 1991 and departed on 24 February 1992. His DA Form 2-1 shows he was credited with a second normal tour completion in Germany.
9. His DA Form 2-1 lists the Army Commendation Medal, the Army GCMDL (First Award, 21 January 1988), the OSR and the Army Service Ribbon.
10. The 3rd Armored Division "Spear Head" Combat Patch is an item of uniform wear and not an award or decoration.
11. On 19 November 1991, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being found drunk on duty. His punishment consisted of a reduction to private first class, a forfeiture of $233.00 pay, and extra duty for 14 days.
12. The applicant was honorably released from active duty on 26 February 1992 under the provisions of the Convenience of the Government: Fiscal Year 1992 Early Transition Program. He completed 7 years, 1 month, and 5 days active military service.
13. His DD Form 214 shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Commendation Medal, the OSR with Numeral "2," and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
14. Item 18 (Remarks) on the applicant's DD Form 214 does not show his service in SWA.
15. His DD Form 214 shows he completed 4 years, 7 months and 3 days of foreign service.
16. Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).
17. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is 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.
18. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and is 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.
19. Army Regulation 600-8-22 shows that the OSR was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The OSR will not be awarded for overseas service recognized with another U.S. service medal. For example, if a Soldier was credited with overseas tour completions per Army Regulation 614-30 for Alaska, Berlin, Germany, the Vietnam Conflict, and the Persian Gulf, he or she would be entitled to the OSR with numeral 2 (Alaska and Germany), the AOM (Berlin), the Vietnam Service Medal, and the SWASM.
20. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it states that item 18 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks. Paragraph 18(f)(2) states that the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)" will be entered in item 18 for active duty Soldiers deployed to a foreign country with their unit.
21. Army Regulation 600-8-22 provides that the GCMDL is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the GCMDL, disqualification must be justified.
22. The AOM with Germany Clasp is for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
23. Department of Defense 1348.33-M (Manual of Military Decorations and Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992 have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.
DISCUSSION AND CONCLUSIONS:
1. Since the 3rd Armored Division "Spear Head" Combat Patch is an item of uniform wear and not an award or decoration, there is no basis for granting the applicant's request to show this item on his DD Form 214.
2. The evidence of record shows the applicant served in SWA from 11 February 1991 through 16 March 1991. Therefore, it would be appropriate to amend item 18 on his DD Form 214 to show the entry "SWA SERVICE: 11FEB91-16MAR91."
3. Based on the applicant's service in SWA, he is entitled to the SWASM with one bronze service star, the KLM-SA, and the KLM-K.
4. The applicant was awarded the OSR with Numeral "2" for two overseas tour completions in Germany. Based on the correction in paragraph 3, above, he is authorized award of the SWASM for service in SWA. In accordance with the Military Awards regulation, the OSR will not be awarded for overseas service recognized with another U.S. service medal. Therefore, he is not eligible for a third award of the OSR.
5. The applicant's Personnel Qualification Record shows the first award of the GCDML; however, it is not shown on his DD Form 214. It appears he met the eligibility criteria for the first award of the GCMDL based on completion of a period of qualifying service of three years from 22 January 1985 through 21 January 1988. Therefore, it would be appropriate to amend his DD Form 214 to show the GCMDL. The applicant's second enlistment included one Article 15 which may have been a disqualifying factor for a second award of the GCMDL.
6. The applicant served a period of qualifying service in Berlin for award of the AOM. Therefore, his DD Form 214 should be amended to show the AOM with Germany Clasp.
7. The AFSM was awarded to members of the Armed Forces of the United States who participated in a U.S. military operation after 1 June 1992. However, the applicant was released from active duty in February 1992, which is prior to the date the AFSM was awarded. Therefore, he is not eligible for award of the AFSM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
LS______ PM______ LH______ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:
a. by awarding him the GCMDL for the period 22 January 1985 through 21 January 1988;
b. by adding the entry "SWA SERVICE: 11FEB91-16MAR91 to item 18 on his DD Form 214;"
c. by showing he was awarded the SWASM with one bronze service star, the KLM-SA, the KLM-K, the GCMDL, and the AOM with Germany Clasp.
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 the 3rd Armored Division "Spear Head" Combat Patch, the OSR with Numeral "3," and the AFSM.
Linda Simmons_________
CHAIRPERSON
INDEX
CASE ID AR20040010795
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20050726
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0000
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