ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 November 2019 DOCKET NUMBER: AR20190009544 APPLICANT REQUESTS: * an upgrade of his Chapter 13 (Unsatisfactory Performance), general, under honorable conditions discharge to honorable * in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Award of 3 bronze service stars on his Southwest Asia Service medal instead of the 2 bronze service stars that he has * Kuwait Liberation Medal - Kingdom of Kuwait Medal which he received for his service but after his DD Form 214 was issued * Award of an Army Achievement Medal * Award of an Air Medal * Sharpshooter Marksmanship Badge with M-16 Rifle Bar * Block 11, MOS (military occupational specialty) Tactical Transport Helicopter Repairer * Block 14, MOS 67T, Tactical Transport Helicopter Repairer * He requests he be provided the medals sets APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Self-written statement * Congressional Inquiry documents * U.S. Senator letter and request for assistance * Email from Senator’s office * Request pertaining to military records * Orders 98-090-013 dated 29 March 1998 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 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: a. He would like to have his under honorable conditions discharge upgraded to honorable. He states that there is no error, just wants an upgraded discharge. He left the Reserves in good standing. He thought his discharge was supposed to be upgraded after 2 years to honorable. b. He would like the Board to look into his Southwest Asia Service Medal with 2 bronze service stars. He has friends that he was in the service with that have received 3 instead of the 2. He would like to see if he is eligible for the 3 stars. c. He would like the Board to look into the Kuwait Liberation Medal Kingdom of Kuwait Medal that he was issued. He was issued it while in the Reserves. But the action of earning it was during his active duty time. He would like to have it added to his DD Form 214. d. He would like the Board to look into an Army Achievement Medal. He knows his unit was issued it; however, he was in the process of transferring from one unit to another unit on base. But he never received it due to moving. He asks the Board to check to see if he was eligible for it and if so, add it to his DD Form 214. e. He asks the Board to check on an Air Medal. Certain personnel was issued this in his unit that he worked with, but he never received it. If he is eligible for it can the Board add it to his DD Form 215? f. His marksmanship is also wrong on his DD Form 214. It shows a Marksman Badge. It should show Sharpshooter. Please check into it. In block 11, the description of his MOS is wrong. His MOS should read Tactical Transport Helicopter Repairer, and not what is on his DD Form 214. Also, in block 14, the MOS description is not correct. Please change to Tactical Transport Helicopter Repairer if possible. 3. On 16 June 1988, the applicant enlisted in the Regular Army for a period of 5 years. After completion of training, he was awarded MOS 67T (Tactical Transport Helicopter Repairer). 4. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in: * Item 5 (Oversea Service), he served in Saudi Arabia from 29 August 1990 to 27 March 1991 * Item 9 (Awards, Decorations & Campaigns), he was awarded the Sharpshooter Marksmanship Badge with M-16 Rifle Bar on 27 April 1996 * Item 17 (Civilian Education and Military Schools), he completed the 67T (Tactical Transport Helicopter Repairer) MOS course in 1988 5. On 18 November 1992, a mental status evaluation cleared the applicant for administrative actions deemed appropriate by his chain of command. 6. On 21 December 1992, the applicant’s commander notified him that, he was initiating action to separate him under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), chapter 13, for unsatisfactory performance. The reasons for his commander’s proposed action was the applicant’s unsuitable performance of duties, and he recommended the applicant’s service be characterized as general, under honorable conditions. The commander advised him of his rights. a. The applicant acknowledged receipt of the proposed separation action and he elected not to submit a statement in his own behalf. b. He acknowledged he understood that he could expect to encounter prejudice in civilian life if a general discharge were to be issued to him. He also acknowledged he had been advised of the basis for his contemplated separation, its effects, and the rights available to him. c. The applicant’s commander requested that, rehabilitation requirements be waived in accordance with AR 635-200, paragraph 1-18. d. His chain of command recommended approval of the separation action. e. The separation authority approved the applicant's discharge under the provisions of AR 635-200, chapter 13, and directed his service would be characterized as general, under honorable conditions. He also directed the applicant be transferred to the Individual Ready Reserve and approved the waiver of rehabilitation requirements. 7. On 11 February 1993, the applicant was released from active duty under honorable conditions (general), based on unsatisfactory performance. He was transferred to the United States Army Reserve Control Group (Reinforcement). He completed 4 years, 7 months, and 26 days of his 5 year enlistment. His DD Form 214 shows the following: * Item 11 (Primary Specialty) – 67T1O “Bradley Fighting Vehicle System Mechanic” * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbon Awarded or Authorized): * National Defense Service Medal * Army Good Conduct Medal (1st award) * Army Service Ribbon * Southwest Asia Service Medal with 2 bronze service stars * Kuwait Liberation Medal * Aircraft Crewman Badge * Army Lapel Button * Marksman Badge (Rifle) * Sharpshooter Badge (Grenade) * Item 14 (Military Education) – “Bradley Fighting Vehicle System Mechanic”, 12 weeks, December 1988 * Item 18 (Remarks) - does not list service in Southwest Asia service 8. A review of the applicant’s records failed to reveal that he was recommended for or awarded the Air Medal and/or Army Achievement Medal, nor did he provide an award recommendation, certificate, or Orders. The applicant’s DD Form 214 shows he was released from active duty on 11 February 1993. He was not awarded the Sharpshooter Marksmanship Badge with M-16 Rifle Bar until 27 April 1996. 9. The applicant provides Congressional Inquiry documents, a letter from his U.S. Senator, a request for assistance from his Senator, an email from his Senator’s office, a request pertaining to his military records, and Orders 98-090-013 dated 29 March 1998, which were provided to the Board. 10. Army Regulation 15-185 (Army Board for Correction of Military Records) states that the ABCMR begins its consideration of each case with the presumption of Administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 11. Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. a. Chapter 13 of this regulation provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely. Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions. Separation under this chapter requires commanders to establish that a Soldier meets medical retention standards. b. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. 12. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation contains guidance on the preparation of the DD Form 214. It states for item 18, an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD)." 13. Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) provides the enlisted military occupational specialty (MOS) classification structure for the U.S. Army. Enlisted personnel management will be based on the career management fields in this regulation. The regulation lists MOS 67T as “Tactical Transport Helicopter Repairer”. 14. In reaching its determination, the Board should consider the applicant's petition, service record, and statements in light of the published Department of Defense guidance on equity, injustice, or clemency. 15. For replacement medals, the applicant may write to the National Personnel Records Center, to the attention of Customer Service to request replacement medals and certificates. Requests must include copies of separation and discharge documents with as well as orders for award of the medals if the applicant has them. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. 2. The applicant requested award of 3 bronze service stars on his Southwest Asia Service medal instead of the 2 bronze service stars. The applicant served in Saudi Arabia from 29 August 1990 to 27 March 1991. According to AR 600-8-22 on award of the Southwest Asia Service medal service stars, the applicant’s service in Saudi Arabia qualifies him for 2 bronze service stars for the two campaigns for which he was present. A third bronze star is not authorized. 3. The applicant requested that his DD Form 2014 show that he was awarded the Kuwait Liberation Medal - Kingdom of Kuwait Medal which he received for his service but after his DD Form 214 was issued. This award should be added to the applicant’s DD Form 214. 4. The applicant requested award of the Army Achievement Medal and Air Medal. These individual decorations require nomination for the award. There is no evidence that the applicant was nominated for either award. 5. The applicant requested that his DD Form 214 for the period of active duty the ended on 11 February 1993 be corrected to show he was awarded the Sharpshooter Marksmanship Badge with M-16 Rifle Bar instead of the Marksman Badge (Rifle) that is shows. The applicant’s DA Form 2-1 shows that he was awarded the Sharpshooter Marksmanship Badge with M-16 Rifle Bar on 27 April 1996 which was after his DD Form 214 was issued. Awards earned after the date of separation are not added to the prior DD Form 214. This award cannot be added to his DD Form 214 nor is there any evidence that his Marksman Badge (Rifle) shown in his DD Form 214 should be changed. 6. The applicant requested a medal set for awards he has been previously given. Requests for replacement awards must be addressed to the National Personnel Records Center. This Board does not provide replacement sets. 7. The applicant requested that block 11 (Primary Specialty) and block 14 (Military Education) show the MOS Tactical Transport Helicopter Repairer. His DD Form 2-1 shows that he completed 12 weeks training in December 1988 for MOS 67T, Tactical Transport Helicopter Repairer, and that he was assigned in positions as a 67T10, Helicopter Repairer. The applicant’s DD Form 214 incorrectly shows that his Primary Specialty and military education as Bradley Fighting Vehicle Systems Mechanic for which the MOS is 91M, not 67T. The applicant’s DD Form 214 should be corrected to show 67T10, Helicopter Repairer. 8. The applicant requested that his general under honorable conditions discharge for unsatisfactory participation be upgrade to honorable. He contends that he was told that is would be automatically upgraded after 2 years. There is no provision of regulation for automatic upgrade of a discharge after 2 years or any period of time. The Board considered the applicant's statement, his record of service, the reason for his separation and whether to apply clemency. The Board reviewed the applicant’s processing for separation for unsatisfactory participation, found no error in the process. The applicant provided no evidence of post-servie achievements or letters of reference in support of a clemency determination. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was not in error or unjust. There is no basis to upgrade the applicant’s discharge. 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 correcting his DD Form 214 to show: • Kuwait Liberation Medal (awarded by the Kingdom of Saudi Arabia) • Kuwait Liberation Medal (awarded by the Government of Kuwait) • 67T10, Tactical Transport Helicopter Repairer, in box 11 • Tactical Transport Helicopter Repairer, 12 weeks, Dec 88 in box 14 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: • Award of 3 bronze service stars on his Southwest Asia Service medal instead of the 2 bronze service stars that he has • Award of an Army Achievement Medal • Award of an Air Medal • Sharpshooter Marksmanship Badge with M-16 Rifle Bar • Providing a medal set • Upgrade of his discharge to honorable X 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 record shows his DD Form 214 for the period ending 11 February 1993, should be amended by adding the following entries to: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbon Awarded or Authorized): * Kuwait Liberation Medal (awarded by the Kingdom of Saudi Arabia) * Kuwait Liberation Medal (awarded by the Government of Kuwait) * Item 18 (Remarks) – “SERVICE IN SOUTHWEST ASIA FROM 19900829 - 19910327” 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 Army Board for Correction of Military Records (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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). The regulation states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. The Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns include: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992. It is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991. c. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLMK), approved on 9 November 1995, is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. d. The Air Medal is awarded to any person who, while serving in any capacity in or with the U.S. Army, will have distinguished himself or herself by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of merit or heroism, or for meritorious service as described below. (1) Awards may be made for acts of heroism in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party, which are of a lesser degree than required for award of the Distinguished Flying Cross. (2) Awards may be made for single acts of meritorious achievement, involving superior airmanship, which are of a lesser degree than required forward of the Distinguished Flying Cross, but nevertheless were accomplished with distinction beyond that normally expected. (3) Awards for meritorious service may be made for sustained distinction in the performance of duties involving regular and frequent participation in aerial flight for a period of at least 6 months. In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the Air Medal. (4) Numerals, starting with 2 will be used to denote second and subsequent awards of the Air Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. e. The Army Achievement Medal is awarded to any member of the Armed Forces of the United States, or to any member of the Armed Forces of a friendly foreign nation, who while serving in any capacity with the Army in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 4. Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. a. Chapter 13 of this regulation provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely. Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions. Separation under this chapter requires commanders to establish that a Soldier meets medical retention standards. b. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. 5. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation contains guidance on the preparation of the DD Form 214. It states for item 18, an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 6. Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) provides the enlisted military occupational specialty (MOS) classification structure for the U.S. Army. Enlisted personnel management will be based on the career management fields in this regulation. The regulation lists MOS 67T as “Tactical Transport Helicopter Repairer”. 7. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. a. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. b. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS//