IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: 20150002433 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * item 11 (Primary Specialty) to show 5 vice 4 years in military occupational specialty (MOS) 35G (Medical Equipment Repairer Unit Level) * item 12b (Separation Date This Period) to show "1992-09-12" vice "1989-09-12" * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show the Army Commendation Medal with 3rd vice 2nd oak leaf cluster (OLC), the Army Achievement Medal with 2nd vice 1st OLC, and Expert vice Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * item 14 (Military Education) to add Air Assault School * item 18 (Remarks) to show his service in Somalia from January to April 1993 2. The applicant states he does not know why this record is so incorrect; as a 23-year old kid they told him as long as it said honorable, he did not have to worry. When he applied for a job, someone pointed out the discrepancies, such as "1 day" of military service as opposed to "5 years" and no veterans preference because no evidence of Somalia service. He has strong evidence of some of the above, and perhaps not so strong on others but as a noncommissioned officer (NCO) integrity is important. He lost some of the documentation of the things with weaker evidence and can only hope the Board will consider by preponderance of how bad the record really is, that all of the above is accurate. 3. The applicant provides: * DD Form 214 * Memorandum requesting an amendment to his DD Form 214 * Memorandum of Air Assault Course attendance * Notification and Request for Signature * DA Form 3555 (Promotion Point Worksheet) * Two DA Forms 638 (Recommendation for Award) and two certificates for award of the Army Commendation Medal * Certificate of achievement * DA Form 638 and two certificates for award of the Army Achievement Medal * Approved Joint Meritorious Unit Award * Approved Humanitarian Service Medal * Three Certificates of Appreciation 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 for a 5-year term on 13 September 1989. The expiration of his term of service (ETS) was established as 13 September 1994. He completed basic combat training at Fort Jackson, SC around 17 November 1989. 3. His DA Form 2-1 (Personnel Qualification Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 4. He then departed to Fitzsimmons Army Medical Center, CO, where he completed the 39-week Medical Equipment Repairer Course from 22 November 1989 through 5 September 1990 and was awarded MOS 35G on 5 September 1990. 5. Following completion of MOS training, he was reassigned to B Company, 10th Medical Battalion, Fort Drum, NY, around December 1990. 6. His records contain a certificate, dated 1 March 1991, awarding him the Army Achievement Medal for meritorious achievement from 13 January to 2 February 1991, during a Joint Readiness Training Center rotation. No Permanent Orders (PO) are assigned to the certificate. 7. PO Number 073-004, issued by Headquarters, 1st Brigade, 10th Mountain Division, on 26 April 1991, awarded him the Army Commendation Medal for achievement on 6 April 1991. 8. On 29 April 1991, Headquarters, 10th Mountain Division Support Command, published a memorandum directing several Soldiers to attend the Air Assault Course. His name is listed among those directed to do so. However: * there is no certificate confirming attendance at this course * there are no orders awarding him the Air Assault Badge 9. PO Number 136-05, issued by Headquarters, 210th Forward Support Battalion, on 17 August 1992, awarded him the Army Achievement Medal for achievement from 3 to 5 August 1992. 10. He attended and successfully completed the Primary Leadership Development Course at Fort Drum, NY on 5 February 1992 and the Nuclear, Biological, and Chemical (NBC) Defense Course from 4 to 22 November 1991. His unit of assignment is listed as C Company, 210th Forward Support Battalion. 11. PO Number 149-01, issued by Headquarters, 201th Forward Support Battalion, Fort Drum, on 19 November 1992, awarded him the Army Good Conduct Medal for the period 13 September 1989 through 12 September 1992. His unit is listed as Company C, 210th Forward Support Battalion. 12. On 11 August 1992, he was recommended for promotion to sergeant (SGT). His unit is listed as C Company, 210th Forward Support Battalion. The DA Form 3355 he provides shows: * he fired expert with his assigned weapon on 4 June 1992 * he received 4 promotion points for the Air Assault Course 13. PO Number 62-4, issued by Headquarters, 10th Division Support Command, on 7 September 1993, awarded him the Army Commendation Medal for service from 20 September 1990 to 6 August 1993. 14. He provides two certificates, one of which dated 9 July 1993, confirming his participation in Operation Restore Hope in Somalia. However, neither certificate shows the inclusive dates of service. 15. He provides a memorandum showing the Chairman of the Joint Chiefs of Staff had awarded the Joint Meritorious Unit Award to Unified Task Force Somalia for service from 5 December 1992 to 4 May 1993. The 210th Forward Support Battalion is listed as one of the units. 16. He also provides a memorandum, dated 25 March 1993, issued by the U.S. Army Human Resources Command, approving award of the Humanitarian Service Medal to those who directly participated in Hurricane Andrew Disaster Relief Operation in Florida from 26 August 1992 to 8 October 1993. He also provides a certificate confirming his participation and by-name listing. 17. He served in Korea from 25 August 1993 to 24 August 1994. He was assigned to the 16th Medical Logistics Battalion. 18. PO Number 02-22, issued by Headquarters, 16th Medical Logistics Battalion, on 7 March 1994, awarded him the Army Achievement Medal for achievement from 1 December 1993 to 19 February 1994. 19. PO Number 75-8, issued by Headquarters, 9th Medical Command, on 15 August 1994, awarded him the Army Commendation Medal for meritorious service from 26 August 1993 to 19 August 1994. 20. He was honorably released from active duty in the rank/grade of SGT/E-5 on 12 September 1994. His DD Form 214 shows in: * item 11, 35G2O, Medical Equipment Repairer Unit Level, 4 years * item 12b, the separation date "89-09-12" * item 13, he was awarded or authorized the * Army Service Ribbon * Army Lapel Button * National Defense Service Medal * Army Good Conduct Medal * Army Achievement Medal (1st OLC) * NCO Professional Development Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar * Overseas Service Ribbon * Army Commendation Medal (1st OLC) * Item 14, the Medical Equipment Repairer Course, NBC Defense Course, and Primary Leadership Development Course; the Air Assault Course is not listed * item 18, no listing of service in Somalia 21. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty. a. Item 11, enter the primary MOS served for a period of one year or more, during Soldier's continuous active military service and for each MOS, list the title with the years and months served. Basic combat and advanced individual training is not counted. b. Item 12b, enter the Soldier's separation date. The Soldier's transition date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government. c. Item 13, enter awards and decorates from all periods of service. d. Item 14, list formal in-service (full-time attendance) 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 will not be listed. e. Item 18 is used for mandatory entries and entries that are too long for their respective blocks. for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (Name of Country Deployed), From/to (inclusive dates for example, YYYYMMDD -YYYYMMDD).'' 22. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 contains several administrative errors. 2. He enlisted on 13 September 1989 and completed nearly a year in training before he was awarded his primary MOS on 5 September 1990. He served in this MOS for 4 years. The entries pertaining to his MOS, title of the MOS, and years and months served in this MOS are correct and require no further correction. 3. He was honorably separated by reason of completion of his required service on 12 September 1994. His DD Form 214 inadvertently listed the year of separation as 1989 instead of 1994. 4. With respect to his awards: a. He was awarded three awards of the Army Achievement Medal, or 2nd OLC. His DD Form 214 listed only two awards or 1st OLC. He earned all three awards and his DD Form 214 should reflect all of them. b. He was awarded three awards of the Army Commendation Medal or 2nd OLC. His DD Form 214 listed only two awards or 1st OLC. He earned all three awards and his DD Form 214 should reflect all of them. c. He served in Korea during a qualifying period for award of the Korea Defense Service Medal and should have his records corrected to show this award. d. He directly participated in disaster relief operations during Hurricane Andrew and his unit was awarded the Humanitarian Service Medal. He should have his records corrected to show this award. e. His unit in Somalia was awarded the Joint Meritorious Unit Commendation during his service with the unit. He should have his DD Form 214 corrected to show this award. f. Although he initially fired sharpshooter with the M-16 rifle, his promotion recommendation shows a more recent qualification as expert. His DD Form 214 should reflect the more recent marksmanship badge. 5. Although he received 4 promotion points for air assault school, he does not provide a certificate showing completion of Air Assault School or an order awarding him the Air Assault Badge. There is insufficient evidence to add the course or the resultant badge to his records. 6. He contends he served in Somalia from January to April 1993. Unfortunately, he does not provide the documentary evidence to support his contention. There is insufficient evidence such as a manifest report, temporary duty order, temporary change of station order, Leave and Earning Statement (showing hazardous fire pay) or other documentary evidence confirming this deployment. 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 from item 12b the entry "89-09-12" and adding "94-09-12" * deleting from item 13 the Army Achievement Medal (1st Oak Leaf Cluster), Army Commendation Medal (1st Oak Leaf Cluster), and Marksman Marksmanship Qualification Badge with Rifle Bar * adding to item 13 of his DD Form 214 the: * Army Commendation Medal (3rd Award) * Army Achievement Medal (3rd Award) * Korea Defense Service Medal * Humanitarian Service Medal * Joint Meritorious Unit Commendation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 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 number of years and months in primary specialty, Air Assault School, and service in Somalia. _______ _ _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.