ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20170014234 APPLICANT REQUESTS: to add the following awards, badges and military training to his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Armed Forces Expeditionary Medal * Army Superior Unit Award * Multinational Forces and Observers Medal * Air Assault Badge * Army Commendation Medal (1) * Army Achievement Medal (1) * Nuclear Biological Chemical Defense Course * Opposition Forces (OPFOR) Academy APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army Achievement Medal Certificate, dated 1 July 1992 * AFZJ-ABS-S-3 Memorandum, dated 1 September 1992, Subject: Personnel attending OPFOR Academy Class 92-12B * Headquarters, Engineer Brigade (Combat) Orders 062-2 (Unit Movement in Support of Operation Joint Guard) with endorsed personnel roster * Army Achievement Medal Certificate, dated 9 July 1997 * Headquarters, 82nd Engineer Battalion Memorandum, dated 30 September 1997, Subject: Travel Authorization/Request for Orders for A Company, 82nd Engineer Battalion with attached personnel roster * Army Commendation Medal, dated 15 December 1997 * Permanent Orders 170-00227, dated 19 June 1998 * U.S. Total Army Personnel Command Memorandum, dated 15 September 1998, Subject: Army Superior Unit Award (ASUA) * Military Personnel (MILPER) Message No. 99-100, dated 09 March 1999, Subject: Award of the Armed Forces Expeditionary Medal for Operations Joint Endeavor and Joint Guard * 82nd Engineer Battalion Memorandum, dated 16 March 1999, Subject: Award of the Armed Forces Expeditionary Medal and the Army Superior Unit Award * Army Times article, Bosnia time is Recognized” * Authorization to Apply for a “No-Fee” Passport and/or Request for Visa, dated 15 April 1999 * Orders K-90085, dated 7 July 1999 with deployment roster * Army Achievement Medal Certificate, dated 4 January 2000 * DA Form 4187, dated 13 March 2000 * Army Commendation Medal Certificate, dated 29 August 2000 * DA Certificate of Training, A Ten-Day NBC Defense Course (80) Hours, dated 13 July 2001 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect: a. His DD Form 214, period ending 20 March 2004, is missing the following Awards and Decorations, Badges, and military training. He sent all copies of orders and awards to support dates and awards. They are: * Armed Forces Expeditionary Medal * Army Superior Unit Award for Bosnia * Multinational Forces and Observers Medal * Air Assault Badge * Army Commendation Medal (1 of 2) * Army Achievement Medal (1 of 3) * NBC Defense 10 day course * OPFOR Academy b. He further adds: * the Armed Forces Expeditionary Medal and the Army Superior Unit Award were awarded for theater operations while in Bosnia from 15 March 1997 to 13 October 1997 * the Multinational Forces and Observers Medal was awarded for theater operations while in Siani, Egypt from 13 July 1999 to 13 March 2000 * the Air Assault Badge was awarded for graduating from the Standard Air Assault School, Class 40-98 (referenced in Permanent Orders 170-00227) * two Army Commendation Medals were awarded on Orders 242-215 and Orders 349-1 * Three Army Achievement Medals were awarded on Orders 362-012, Orders 190-2, and Orders 41-04not included on his DD Form 214 until he started submitting a copy of his separation document when applying for federal and state jobs. 3. The applicant provides: a. Army Achievement Medal Certificate, dated 1 July 1992, assigned Permanent Orders Number 41-04, dated 12 June 1992. b. AFZJ-ABS-S-3 Memorandum, dated 1 September 1992, Subject: Personnel attending OPFOR Academy Class 92-12B, showing the applicant on the list of attendees for the class. c. Headquarters, Engineer Brigade (Combat) Orders 062-2 (Unit Movement in Support of Operation Joint Guard) with endorsed personnel roster, showing, in part, the applicant’s name is listed for a unit movement in support of Operation Joint Guard on or about 15 March 1997. d. Army Achievement Medal Certificate, dated 9 July 1997, assigned Permanent Order Number 190-2, dated 9 July 1997. e. Headquarters, 82nd Engineer Battalion Memorandum, dated 30 September 1997, Subject: Travel Authorization/Request for Orders for A Company, 82nd Engineer Battalion with attached personnel roster, showing, in part, the applicant’s name is listed for the authorized redeployment from Bosnia-Herzegovina to Central Region due to end of the mission. f. Army Commendation Medal, dated 15 December 1997, assigned Permanent Order Number 349-1, dated 15 December 1997. g. Permanent Orders 170-00227, dated 19 June 1998, showing the applicant was awarded the Air Assault Badge for successful completion of the Standard Air Assault Course, Class No. 40-98. h. U.S. Total Army Personnel Command Memorandum, dated 15 September 1998, Subject: Army Superior Unit Award (ASUA), approving the award of the Army Superior Unit Award (listed as the ASUA) to Task Force Eagle Covering Force for the period of 10 November 1996 to 4 April 1997. i. Military Personnel (MILPER) Message No. 99-100, dated 09 March 1999, Subject: Award of the Armed Forces Expeditionary Medal for Operations Joint Endeavor (OJE) and Joint Guard (OJG), summarizing the eligibility criteria for the award. j. 82nd Engineer Battalion Memorandum, dated 16 March 1999, Subject: Award of the Armed Forces Expeditionary Medal and the Army Superior Unit Award with attached rosters of Soldiers who were deployed to Bosnia-Herzegovina in support of OJG between 15 March to 5 November 1997. k. Army Times article, “Bosnia time is Recognized”, announcing the Army was ready, at the time, to award the Armed Forces Expeditionary Medal to Soldiers who served in Bosnia and nearby areas as part of OJE and OJG during 1992 through 1998. The article goes on to describe the eligibility criteria for the award. l. A form titled, “Authorization to Apply for a “No-Fee” Passport and/or Request for Visa”, dated 15 April 1999, showing the applicant requested a Passport or Visa to perform military duties in Sinai, Egypt on or around 1999. m. Orders K-90085, dated 7 July 1999 with deployment roster, in part, assigning the applicant to perform temporary duty in South, Sinai, Egypt on 13 July 1999. n. Army Achievement Medal Certificate, dated 4 January 2000, assigned Permanent Orders Number 362-012. o. DA Form 4187, dated 13 March 2000, reassigning the applicant from Headquarters and Headquarters Company (HHC), 1/502 Infantry to HHC, B Company 326th Engineer, effective 13 March 2000. p. Army Commendation Medal Certificate, dated 29 August 2000, assigned Permanent Orders Number 242-215, dated 29 August 2000. r. DA Certificate of Training, A Ten-Day NBC Defense Course (80) Hours, dated 13 July 2001, showing the applicant attended and completed the course, dated 29 June to 13 July 2001, at III Corps & Fort Hood Troop School, Fort Hood, TX. 4. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve in the Delayed Entry Program (DEP) on 25 October 1990. He enlisted in the Regular Army on 14 November 1990 and maintained continuous honorable service through to his date of separation from active service. b. Permanent Order 31-76, dated 4 April 1994, awarded the applicant the Army Good Conduct Medal (1st Award), for exemplary behavior, efficiency, and fidelity from 14 November 1990 to 13 November 1993. c. Army Achievement Medal Certificate, dated 9 July 1997, assigned Permanent Order Number 190-2, dated 9 July 1997. d. Permanent Orders 170-00227, dated 19 June 1998, showing the applicant was awarded the Air Assault Badge for successful completion of the Standard Air Assault Course, Class No. 40-98. e. Permanent Order 143-00098, dated 22 May 2000, awarded the applicant the Army Good Conduct Medal (3rd Award), for exemplary behavior, efficiency, and fidelity from 14 November 1996 to 13 November 1999. f. The applicant was honorably discharged on 20 March 2004. His DD Form 214 shows he completed 13 years, 4 months, and 7 days of active service with no lost time. His DD Form 214 also shows in: (1) Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), shows the applicant was awarded or authorized: * Army Lapel Button * Army Commendation Medal * Army Achievement Medal (2nd Award) * Army Good Conduct Medal (3rd Award) * National Defense Service Medal * Armed Forces Service Medal * Noncommissioned Officer’s Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * North Atlantic Treaty Organization (NATO) Medal * Driver and Mechanic Badge with Driver-T Bar * Driver and Mechanic Badge with Driver-W Bar * Sharpshooter Badge M16 with Rifle Bar (2) Item 14 (Military Education), shows the applicant completed the Combat Engineer Course, 13 Weeks, 1991 and the Unit Armorer Course, 2 Weeks, 1996. g. The applicant’s service record was void of the following documentation in his official military records: * Orders or Memorandum awarding the Armed Forces Expeditionary Medal * Orders or Memorandum awarding the Army Superior Unit Award for Bosnia * Orders or Memorandum awarding the Multinational Forces and Observers Medal * Orders or Certificate awarding both Army Commendation Medals * Orders or Certificate awarding 2 of the three Army Achievement Medals * Training Certificate or other documentation for the NBC Defense 10 day course * Training Certificate or other documentation for the OPFOR Academy training 5. By Regulation (Army Regulation (AR) 600-8-22 (Military Awards)), a. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. b. The Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime. The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award. c. The Multinational Force and Observers Medal was accepted by the President for the U.S. Armed Forces on 28 July 1982. To qualify for the award, personnel must have served with the Multinational Force and Observers at least 90 days cumulative after 3 August 1981. Effective 15 March 1985, personnel must serve 6 months (170 days minimum) with the Multinational Force and Observers to qualify for the award. Periods of service on behalf of the Multinational Force and Observers outside of the Sinai and periods of leave while a member is serving with the Multinational Force and Observers may be counted toward eligibility for the Multinational Force and Observers Medal. d. Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974. e. 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, distinguishes 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. f. The Army Achievement Medal is awarded to members of the Armed Forces of the United States who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal. 6. By regulation (AR 635-5 (Separation Documents): a. The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The instructions for completing the DD Form 214 stated, in part: b. Item 13 is self-explanatory for the entry of all decorations, medals, badges, citations, and campaign ribbons authorized or awarded to the individual. c. Item 14, list in service training courses; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board made the following findings: 1) based upon the guidance within MILPER MSG # 99-100, the Board concluded the applicant qualified to be awarded the Armed Forces Expeditionary Medal 2) based upon the unit in which the applicant served and when he was assigned, specifically to the 82d Engineer Battalion, the Board concluded he qualified to be awarded the Army Superior Unit Award 3) based upon the two ARCOM certificates provided by the applicant showing PO#349-1, dated 15 Dec 97 and PO#242-215, dated 29 Aug 00, the Board concluded the applicant was previously awarded two ARCOMs and only one is reflected on his DD Form 214 4) based upon the three AAM certificates provided by the applicant showing PO#41-04, dated 12 Jun 82, PO#190-2, dated 9 Jul 97, and PO#362-012, dated unknown, the Board concluded the applicant was previously awarded three AAMs and only two are reflected on his DD Form 214 5) based upon the provided certificate of training showing completion of the NBC Defense Course and it not currently being reflected on the DD Form 214 of the applicant, the Board concluded that course should be added to the applicant’s DD Form 214 6) based upon the provided PO#170-00227 showing the applicant successfully completed the Air Assault Course and awarded the Air Assault Badge and those not currently reflected on the applicant’s DD Form 214, the Board recommened adding those to the applicant’s 214 7) based upon insufficient evidence showing the applicant completed the OPFOR Academy Course, the Board recommended denying the applicant’s request related to this training 8) based upon the documentary evidence showing the applicant served 5 months during his deployment to Egypt and awarding the Multinational Force and Observers Medal requires 6 months of service or more, the Board concluded the applicant was not eligible for the award BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 re-issuing the applicant's DD Form 214 for the period ending 20 March 2004 by: * deleting Armed Forces Service Medal * adding Armed Forces Expeditionary Medal * adding Army Superior Unit Award * deleting Army Commendation Medal * adding Army Commendation Medal (2d Award) * deleting Army Achievement Medal (2d Award) * adding Army Achievement Medal (3d Award) * adding Air Assault Badge * adding NBC Defense Course (80 hours ), 2 weeks, 1998 * adding Air Assault Course, 2 weeks, 1998 2. The Board further determined 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 awarding and adding the Multinational Force and Observers Medal and OPFOR Academy Course. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) provides: a. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. b. The Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime. The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award. c. The Multinational Force and Observers Medal was accepted by the President for the U.S. Armed Forces on 28 July 1982. To qualify for the award, personnel must have served with the Multinational Force and Observers at least 90 days cumulative after 3 August 1981. Effective 15 March 1985, personnel must serve 6 months (170 days minimum) with the Multinational Force and Observers to qualify for the award. Periods of service on behalf of the Multinational Force and Observers outside of the Sinai and periods of leave while a member is serving with the Multinational Force and Observers may be counted toward eligibility for the Multinational Force and Observers Medal. d. Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974. e. 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, distinguishes 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. f. The Army Achievement Medal is awarded to members of the Armed Forces of the United States who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal. 3. Army Regulation 635-5 (Separation Documents) Table 2-1, provides, in part: a. The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The instructions for completing the DD Form 214 stated, in part: b. Item 13 is self-explanatory for the entry of all decorations, medals, badges, citations, and campaign ribbons authorized or awarded to the individual. c. Item 14, list in service training courses; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170014234 9 1