PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               24 November 1998              
	DOCKET NUMBER:      AC98-11019

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson 		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his records to show his rank as “CORPORAL”; award of two Army Commendation Medals, two Army Achievement Medals and the Humanitarian Service Medal; and completion of two training courses.

3.  The applicant states, in effect, that he is entitled to the corrections listed above.

4.  The applicant’s military records show that he entered active duty in Janaury 1988 and served as an infantryman.  He was honorably discharged on 1 July 1991.

5.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in item 4a (Grade, Rate or Rank) the entry “SPC” [Specialist].  His DD Form 214 shows only one award of the Army Achievement Medal and does not show the Army Commendation Medal or the Humanitarian Service Medal as authorized awards.  Item 14 (Military Education) contains the entry “None/NOTHING FOLLOWS”.

6.  The applicant provided a copy of 109th Support Battalion (Fort Lewis, Washington) Order 10-1, dated 8 April 1991, which shows he was laterally appointed to the rank of “Corporal” effective 1 February 1991.  His DD Form 214 was amended by a DD Form 215 (Correction to a DD Form214), dated 14 August 1998, to show his rank as “CORPORAL”.

7.  The applicant provided copies of the front pages, but not the back sides, of two recommendations for award of the Army Commendation Medal.  The first one is dated 2 April 1990 is for meritorious achievement as a member of the “1st Brigade Infantry Stakes/Expert Infantryman Badge Distinguished Squad” for the period 28 February 1990 to 22 March 1990.  The second recommendation for award is dated 11 April 1991 and is for “meritorious service as the unit armorer and assistant supply NCOIC for Headquarters Company 9th Infantry Division” for the period 8 June 1990 to 10 June 1991.

8.  The applicant provided a copy of 9th Personnel Service Company Permanent Orders 230-11, dated 1 December 1988, which awarded him the first award of the Army Achievement Medal for meritorious achievement for the period 22 August 1988 to 18 September 1988.  The applicant provided the front page, but not the back side, of an award recommendation, dated 6 June 1990, for the second award of the Army Achievement Medal for achievement for “outstanding performance as a unit armorer for HHC 4-23 Inf (M)” during the period 1 February 1989 to 8 June 1990.  This award was authorized by unit orders #111-62 and was shown on a DD Form 215, dated 14 August 1988.
9.  The applicant provided a copy of a letter of commendation from the 9th Infantry Division Commander for his participation in Operation Firebreak 1988.

10.  The applicant provided a certificate of training, dated 15 March 1989, which shows he completed the Typing and Military Correspondence Course (64 hours) and a certificate of training, dated 5 October 1989, which shows he completed the Unit Armorer Course (120 hours).  His DD Form 214 was amended by a DD Form 215, dated 14 August 1998, to show these training courses.

11.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who 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.  Appendix C of Army Regulation 600-8-22 shows that support of Operation Firebreak 1988 was recognized with award of the Humanitarian Service Medal.

CONCLUSIONS:

1.  The applicant was laterally appointed to the rank of Corporal and his DD Form 214 was corrected to show this rank; therefore, item 4a of his discharge document is correct as currently constituted.

2.  There is no evidence which shows that the applicant was awarded the first or second awards of the Army Commendation Medal.  The Board notes that the applicant provided partial copies of the recommendations for these awards and was requested by the Army Reserve Personnel Center to furnish complete copies, but failed to do so.  Therefore, the applicant is not entitled to correction of his records to show two awards of the Army Commendation Medal.

3.  The applicant received two awards of the Army Achievement Medal and his records show these awards; therefore, no action is required.
4.  The applicant participated in Operation Firebreak 1988; therefore, he is entitled to award of this medal and correction of his records to show this award.

5.  The applicant completed the Typing and Military Correspondence Course (64 hours) and the Unit Armorer Course (120 hours) and his DD Form 214 was corrected to show these courses.  Therefore, item 14 of his discharge document correctly shows these military training courses.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Humanitarian Service Medal for Operation Firebreak 1988.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

GDP____  CLA____  RWG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON