PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 March 2000                   
	DOCKET NUMBER:   AR1999025263

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Roger Able		Member	
	Mr. James E. Anderholm		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 that his DD Form 214 be corrected to show his service in the Persian Gulf, his combat badge, his involvement in Operation Provide Comfort and his involvement in Iran, Iraq and Turkey.

3.  The applicant states that the clerk at the time of his separation did not know his job.  He provides no supporting evidence.  He failed to respond to a letter requesting supporting evidence and specific details as to where and when he served overseas.

4.  The applicant’s military records show that he enlisted in the Regular Army on 3 November 1988.  He completed basic training and advanced individual training and was awarded military occupational specialty 43E (Parachute Rigger).

5.  The applicant was assigned to Germany from June 1989 to August 1992.  His finance records show that he drew overseas pay from 16 April through 23 May 1991 and hostile fire pay.  These dates coincide with the effective dates of Operation Provide Comfort.  

6.  On 13 August 1992, the applicant was discharged for misconduct.

7.  Army Regulation 600-8-22 states that Operation Provide Comfort was in effect from 5 April through 14 June 1991 in northern Iraq and Turkey.  A by-name listing of participants eligible for award of the Humanitarian Service Medal was forwarded to the recommending command.  The applicant’s name was on that by-name listing.

8.  The only “combat badges” identified in Army Regulation 600-8-22 are the Combat Infantryman Badge and the Combat Medical Badge.  There are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  The Combat Medical Badge could be awarded to Medical Department personnel assigned or attached to infantry units of brigade or smaller size who satisfactorily perform medical duties while the unit is engaged in actual ground combat, provided they are personally present and under fire.

9.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge or release from active military service or control of the Amy.  It establishes standardized policy for the preparation and distribution of DD Form 214.  The instructions for preparation of the DD Form 214 state that the total amount of foreign service completed during the period covered in item 12c will be entered in item 12f.  There is no provision for identifying the geographical area of the foreign service.

CONCLUSIONS:

1.  The evidence of record shows that the applicant met the eligibility criteria for award of the Humanitarian Service Medal for his participation in Operation Provide Comfort.  There is no evidence of record to show that he served in any other area in the Persian Gulf for any other reason.  

2.  The applicant does not meet the eligibility criteria for award of either the Combat Infantryman or the Combat Medical Badge and he does not specify what “combat badge” he is referring to.

3.  The amount of the applicant’s foreign service is correctly shown on his        DD Form 214.  There is no regulatory provision to show a geographical breakdown of where he performed his foreign service.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by adding the Humanitarian Service Medal (Operation Provide Comfort) to the applicant’s DD Form 214.

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

BOARD VOTE:  

__slp___  __ra____  __jea___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Shirley L. Powell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999025263	
SUFFIX		
RECON		
DATE BOARDED	20000323	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.