ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  22 October 2019

	DOCKET NUMBER:  AR20170015396


APPLICANT REQUESTS:  his DD Form 214 (Certificate of Release or Discharge 
from Active Duty) to reflect discharged as a combat veteran.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	veteran affairs appeal of disability 
*	passport
*	visas

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 he was discharged as a wartime veteran and it should be a 
combat veteran.  

3.  The applicant provides:

	a.  His veteran affairs appeal to the issue of entitlement to service connection for 
a right leg disorder, to include as due to an undiagnosed illness or medically 
unexplained chronic multi symptom illness.

	b.  His dated United States passport.

	c.  His official visas, which shows he visited the Arab Republic of Egypt in 1991.



4.  The applicant’s service record shows:

	a.  Having had prior service in the Army Reserve Delayed Entry/Enlistment 
Program he enlisted in the Regular Army on 10 February 1982.  He held the Military 
Occupational Specialty 11B (Infantryman Parachutist) 

	b.  His DA Form 2-1 (Personnel Qualification Record) shows:

*	Section I, item 5 (Oversea Service) from 23 August 1983 to 2 September 
1985 Germany
*	Section II, item 9 (Awards, Decorations and Campaigns) does not show 
the award of the Oversea Service Ribbon for his service in Germany 
*	Section VII (Current and Previous Assignments) shows from 11 November 
1988 to 12 August 1991 he was assigned to 2nd Battalion 14th Infantry, 
Fort Drum, NY 

5.  His service record is void of evidence to support combat related 
service/deployments during Desert Shield/Desert Storm for the Board to review.

6.  The Army Review Board on 26 September 2019, via email, with Defense Finance 
and Accounting Service (DFAS), attempted to obtain records to show the applicant 
had been paid allowances in support of deployments or during Desert Shield/Desert 
Storm from 1990 – 1991.  DFAS was unable to confirm his foreign service, their files 
did not go back that far.  

7.  His DD Form 214 shows he was discharged from active duty on 12 August 1991, 
under the provisions of Army Regulation (AR) 635-200 (Enlisted Personnel – 
Personnel Separations), chapter 4, expiration term of service.   It also shows he was 
awarded or authorized:  

*	Army Service Ribbon
*	Army Lapel Button
*	National Defense Service Medal
*	Army Commendation Medal (2nd award)
*	Army Good Conduct Medal (3rd award)
*	Army Achievement Medal 
*	Noncommissioned Officer Professional Development Ribbon
*	Expert Marksmanship Marksman Badge (Rifle and Hand Grenade)

8.  By regulation, AR 672-5-1 (Military Awards) states the Overseas Service Ribbon 
was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 
1981, all members of the Active Army, Army National Guard, and Army Reserve in 
an active Reserve status are eligible for the award for successful completion of 
overseas tours.  It also states there are basically three requirements for award of the 
Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily 
performing infantry duties, he must be assigned to an infantry unit during such time 
as the unit is engaged in active ground combat, and he must actively participate in 
such ground combat.  

9.  By regulation (AR 600-8-22 - Military Awards), there three requirements for award 
of the Combat Infantryman Badge:

*	the Soldier must be an infantryman satisfactorily performing infantry duties
*	the Soldier must be assigned to an infantry unit during such time as the unit is 
engaged in active ground combat
*	the Soldier must actively participate in such ground combat

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  Based upon the documentary evidence provided by the 
applicant and found within the military service record, the Board concluded there 
was insufficient evidence to show that the applicant ever deployed to a combat zone 
that should be reflected on his DD Form 214.  

However, the Board did note the administrative note below from the analyst of 
record and recommended that change be completed to more accurately reflect his 
military service.

   BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error 
or injustice.  Therefore, the Board determined the overall merits of this case are 
insufficient as a basis for correction of the records of the individual concerned.

2.  Prior to closing the case, the Board did note the administrative note below from 
the analyst of record and recommended that change be completed to more 
accurately reflect the military service of the applicant.

	  
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.

ADMINISTRATIVE NOTE(S):

A review of the applicant’s records shows her DD Form 214 omitted administrative 
entries in the block 13 – Decoration, Medals, Badges, Citations and Campaign 
Ribbons Awarded or Authorized.  As a result, amend the DD Form 214 by adding in 
block 13 the entry “Oversea Service Ribbon”. 

REFERENCES:

1.  AR 672-5-1 (Decorations, Awards, and Honors Military Awards) in effect at the 
time states the Overseas Service Ribbon was established by the Secretary of the 
Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, 
Army National Guard, and Army Reserve in an active Reserve status are eligible for 
the award for successful completion of overseas tours.  The award may be awarded 
retroactively to those personnel who were credited with a normal overseas tour 
completion before 1 August 1981 provided they had an Active Army status on or 
after 1 August 1981.  Numerals are used to denote the second and subsequent 
awards of the Overseas Service Ribbon.

2.  AR 600-8-22 (Military Awards) currently in effect at the time states there are 
basically three requirements for award of the Combat Infantryman Badge.  The 
Soldier must be an infantryman satisfactorily performing infantry duties, he must be 
assigned to an infantry unit during such time as the unit is engaged in active ground 
combat, and he must actively participate in such ground combat.  Specific 
requirements state, in effect, that an Army enlisted Soldier must have an infantry or 
special forces specialty and must have satisfactorily performed duty while assigned 
or attached as a member of an infantry, ranger, or special forces unit of brigade, 
regimental, or smaller size during any period such unit was engaged in active 
ground combat.  Eligibility for Special Forces personnel (less the Special Forces 
medical sergeant) accrues from 20 December 1989.  

3.  AR 672-5-1 in effect at the time (Eligibility Requirements) for the award of a 
Combat Infantryman Badge, an individual must be an infantry office in the grade of 
colonel or below, or an enlisted man or a warrant officer with military occupational 
(MOS), who subsequent to 6 December 1941 has satisfactorily performed duty while 
assigned or attached as a member of an infantry unit of brigade, regimental, or 
smaller size during any period such unit was engaged in active ground combat.  

4.  AR 635-5 (Separation Documents) in effect at the time established the 
standardized policy for preparing and distributing the DD Form 214.  The purpose of 
the separation document is to provide the individual with documentary evidence of 
their military service.  Chapter 2 of the regulation in effect at the time contains 
guidance on the preparation of the DD Form 214.  It states when preparing block 13 
Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or 
Authorized.  Entries will be for all periods of service.  Check Soldiers' service records 
for validity of awards.
NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170015396

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