PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            21 September 2000                  
	DOCKET NUMBER:   AR2000043725

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston 		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 DD Form 214 (Certificate of Release or Discharge from Active Duty).  Specifically, that items 4a (Grade, Rate or Rank) and 4b (Pay Grade) be corrected to show his rank as sergeant (E-5); that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show the United Nations Medal, the Overseas Service Bar, the “Combat Patch” (correctly known as the shoulder sleeve insignia for former wartime service) and the Combat Infantryman Badge for his service in Somalia; the United Nations Medal for his service in Haiti; and the Belgian Commando Parachutist Badge.  He also requests correction of item 12f (Record of Service/Foreign Service) to include his dates of service in Somalia and Haiti; correction of item 14 (Military Education) to show completion of the M2A1 Instructor/Operator Course and the Defense Packaging of Hazardous Materials Course (8B-F7); that his military occupational specialty (MOS) be changed to 11B2P in item 11 (Primary Specialty); and that certificates of achievement be shown on his DD Form 214.  

3.  The applicant states, in effect, that upon his separation, the documentation was not in his 201 file and was not added to his DD Form 214.  He contends that the Combat Infantryman Badge and the United Nations Medal for his service in Somalia and Haiti had not been approved prior to his discharge, that his promotion orders were reported to be lost, and that the “Belgium Wings” reportedly could not be added because they were written in French.  He states that the out processing center informed him that he should not be concerned because his records would be automatically updated and mailed to his permanent address.  In support of his application, he submits a letter of explanation dated 23 May 2000; a copy of his DD Form 214; orders for deployment to Somalia and authorization for the Overseas Service Bar and the former war-time patch; documentation for awards received while in Somalia and in Haiti for verification of participation; an award certificate for the Belgian Parachutist Badge; documentation reflecting his promotion to E-5; certificates for the M2A1 Instructor/Operator Course and the Defense Packaging of Hazardous Materials Course (8B-F7); certificates received for Operation Uphold Democracy in Haiti for participation verification and Combat Action Reports and sworn statements in support of the Combat Infantryman Badge for his service in Somalia. 

4.  The applicant’s military records show that he enlisted on 13 May 1992 for a period of 4 years.  He served as an infantryman and was honorably released on 11 September 1996.

5.  Item 4a (Grade, Rate or Rank) on the applicant’s DD Form 214 shows the entry “SPC [specialist] and item 4b (Pay Grade) shows the entry “E4”.  His DD Form 214 does not show the United Nations Medal, the Overseas Service Bar, the “Combat Patch”, the Combat Infantryman Badge or the Belgian Commando Parachutist Badge as authorized awards.  Item 12f (Record of Service/Foreign Service) on the DD Form 214 shows the entry “0001 00 13”.  Item 14 (Military Education) does not show the M2A1 Instructor/Operator Course or the Defense Packaging of Hazardous Materials Course (8B-F7).  Item 11 (Primary Specialty) on his DD Form 214 shows the entry “11B10 INFANTRYMAN -- 04 YRS-01 MOS//NOTHING FOLLOWS”.  There are no certificates of achievement reflected on the DD Form 214.  The Board notes that the applicant’s DD Form 214 shows one award of the Armed Forces Expeditionary Medal as an authorized award. 

6.  The applicant’s service personnel records are not available for review.

7.  The applicant provided a copy of a Promotion Update, dated 23 June 1996, which shows that he was promoted to sergeant (E-5) effective 1 July 1996.

8.  The applicant’s records show that he served in Somalia from 29 November 1993 through 20 March 1994.  The applicant provided orders, dated 8 March 1994, which show that he was authorized award of the Overseas Service Bar and was authorized to wear the shoulder sleeve insignia/former war time service for his service in Somalia.

9.  There are no orders in the available records which show the applicant was awarded the Combat Infantryman Badge.  However, the applicant provided a copy of a Recommendation for award of the Combat Infantryman Badge, dated 
4 April 1994, submitted by his unit commander.  In summary, this recommendation shows that the applicant served in MOS 11B (fighting vehicle infantryman) while assigned to Company A, 3rd Battalion, 15th Infantry, and engaged the enemy in active ground combat in Somalia.  The unit commander submitted this recommendation in accordance with the Personnel Command message, dated 120630Z October 1993.     

10.  The available records show that he served in Haiti in support of Operation Uphold Democracy from August 1994 to March 1995. 

11.  The applicant provided a copy of an award certificate translated in French which shows he was awarded the Belgian Armed Forces Parachutist Badge on 
5 March 1993.  There is no indication in the available records that he received authorization to accept or wear this foreign badge. 

12.  The applicant’s DD Form 214 shows that he served 1 year and 13 days of foreign service.  However, there is no evidence in the available records which shows inclusive dates of overseas duty assignment(s) completed by the applicant.

13.  The applicant provided a certificate which shows that he completed the
48 hour M2A1 Instructor/Operator Course on 4 April 1995.

14.  The applicant provided a certificate which shows that he completed the Defense Packaging of Hazardous Materials Course on 26 May 1995. 

15.  There is no evidence in the available records which shows the applicant was awarded or held MOS 11B2P.

16.  The applicant provided copies of certificates of achievement, participation and service for his service in support of Operation Uphold Democracy in Haiti.

17.  Personnel Command message, dated 151411Z June 1994, announced the eligibility requirements for award of the United Nations Medal (UNM) for United Nations operations in Somalia.  Personnel Command message, dated 161627Z October 1995, provided guidance on determining eligibility and awarding of the UNM.  That guidance included the following:  An individual must serve under the command of a United force commander, wear the National or United Nations uniform to include the Blue Beret, and serve a minimum of 90 days under United Nations command; the eligibility period for U.S. personnel who meet the criteria for United nations in Somalia is 1 May 1993 to 25 March 1994; U.S. military personnel who participated in Operation Restore Hope, or UNITAF, between December 1992 and May 1993 are not eligible for the UNM; and as an exception to policy the Secretary General of the United Nations may approve award of the UNM to U.S. units which comprised the Quick Reaction Force which are listed in this message.

18.  Army Regulation 670-1 governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch”.  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  The shoulder sleeve insignia is not an award or decoration; therefore, it will not be shown on the DD Form 214 in item 13 (Decorations and Awards).   

19.  Personnel Command message, dated 120630Z October 1993, provided guidance on the award approval authority for operations other than war in Somalia.  This message was specifically prepared to address processing of valor awards during peace keeping operations.  The message authorized the Combat Infantryman Badge to infantry and special forces officers and enlisted soldiers (other than special forces medics) who satisfactorily perform infantry or special forces duties in active ground combat.  Battle participation credit alone will not be the basis for award of the Combat Infantryman Badge.

20.  Army Regulation 600-8-22 (Military Awards) provides in pertinent part, that commanders (overseas and CONUS) serving in the rank or brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation.  The Belgian Armed Forces Parachutist Badge is listed in appendix D (Foreign Badges).   

21.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

22.  Army Regulation 635-5, in pertinent part, states that item 14 (Military Education) will list formal in service training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

23.  Army Regulation 635-5, in pertinent part, states that item 11 (Primary Specialty) will list the primary MOS, and all additional MOS’ served for a period of one year or more, during soldier’s continuous active military service.  For each MOS list the title with the years and months served will be shown.

24.  Army Regulation 635-5, in pertinent part,  provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.

25.  Military Personnel Message 93-202, dated 251542Z May 1993, authorized the Armed Forces Expeditionary Medal for members of the U.S. Armed Forces who participated in Operation Restore Hope and Operation United Shield in Somalia beginning 5 December 1992.  No orders were promulgated for this award; however, unit personnel agencies were responsible for updating the records of personnel eligible for the AFEM to show this award.  Award of the AFEM for these operations was terminated effective 31 March 1995 by Personnel Command message, dated 170650Z May 1995.

26.  Military Personnel Message 95-69, dated 281650Z December 1994, provided for award of the Armed Forces Expeditionary Medal for participation in Operation Uphold Democracy in Haiti.  The message limited eligibility for award of the Armed Forces Expeditionary Medal to those U.S. military forces who participated in, or directly supported, within the area of operations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for a period of 30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.

CONCLUSIONS:

1.  Evidence of record shows the applicant was promoted to E-5 effective 1 July 1996.  Therefore, he is entitled to correction of his DD Form 214 to show this rank and pay grade.

2.  The applicant served in Somalia from 29 November 1993 through 20 March 1994.  Therefore, in accordance with Personnel Command message, dated 151411Z June 1994, the applicant is entitled to award of the United Nations Medal and correction of his DD Form 214 to show this award.

3.  Evidence of record shows the applicant was authorized award of the Overseas Service Bar for his service in Somalia; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Evidence of record also shows the applicant was authorized to wear the shoulder sleeve insignia for former wartime service in Somalia.  However, in accordance with Army Regulation 670-1, the shoulder sleeve insignia will not be listed on the DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show this shoulder sleeve insignia.
 
5.  Evidence of record shows the applicant served in an infantry MOS in an infantry company in combat in Somalia.  Records also show that the unit commander recommended the applicant for award of the Combat Infantryman Badge.  The Board has determined that there is a sufficient basis for award of the Combat Infantryman Badge in this case in spite of the absence of orders.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this award. 

6.  Although the applicant contends that he is entitled to the United Nations Medal for service in Haiti, the United Nations Medal was not authorized for United Nations operations in Haiti.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show an additional award of the United Nations Medal for service in Haiti.   

7.  Although the applicant contends that he is entitled to the Belgian Commando Parachutist Badge, evidence of record shows that he completed the qualifications for award of the Belgian Armed Forces Parachutist Badge in 1993. However, there is no evidence that he was officially authorized to accept and permanently wear this foreign badge.  Based on these facts, the Board has determined that the applicant is entitled to receive and to wear the Belgian Armed Forces Parachutist Badge.  The Board also determined that the applicant is entitled to correction of his DD Form 214 to show this foreign parachutist badge.

8.  The Board noted the applicant’s request that item 12f (Foreign Service) be corrected to show his service in Somalia and Haiti.  The Board also noted that the applicant’s DD Form 214 shows 1 year and 13 days of foreign service.  However, based on the records available there is no way to determine if service in Somalia and Haiti are included in this foreign service.  As a result, there is no basis for correcting the amount of foreign service shown in item 12f.   

9.  The applicant completed the M2A1 Instructor/Operator Course and the Defense Packaging of Hazardous Materials Course.  Therefore, he is entitled to correction of his DD Form 214 to show these courses.

10.  The Board noted the applicant’s request that his MOS be changed to 11B2P. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded or held MOS 11B2P.  Therefore, he is not entitled to correction of his DD Form 214 to show MOS 11B2P.

11.  The Board noted the applicant’s request that his certificates of achievement be shown on his discharge document.  However, in accordance with Army Regulation 635-5, certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.

12.  The applicant’s DD Form 214 shows one award of the Armed Forces Expeditionary Medal.  In accordance with the military personnel messages addressed above, the applicant is entitled to two awards of the Armed Forces Expeditionary Medal for his service in Somalia and in Haiti.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.  

13.  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: 

	a.  by deleting the entries “SPC” in item 4a (Grade, Rate or Rank) and “E4” in item 4b (Pay Grade) on the DD Form 214 with an effective date of
11 September 1996 of the individual concerned; and

	b.  by adding the entries “SGT” in item 4a and “E-5” in item 4b (Pay Grade) on his DD Form 214;

	c.  by adding the entries “United Nations Medal”, “Overseas Service Bar”, “Combat Infantryman Badge”, “Belgian Armed Forces Parachutist Badge” and “Armed Forces Expeditionary Medal (2d award)” in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214; and 

	d.  by adding the entries “M2A1 Instructor/Operator Course 1 Week April 1995” and “Defense Packaging of Hazardous Materials Course 2 Weeks May 1995” in item 14 (Military Education) on the DD Form 214.

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

BOARD VOTE:  

JHL_____  CLG____  ENA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043725	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19960911	
DISCHARGE AUTHORITY	AR 635-200 Chapter 4	
DISCHARGE REASON	Completion of Required Active Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	102.0200	
2.	107.0086	
3.	107.0079	
4.	107.0111	
5.	100.0700	
6.