IN THE CASE OF: BOARD DATE: 28 March 2023 DOCKET NUMBER: AR20220009959 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following: * Distinguished Honor Graduation of One Station Unit Training (OSUT) * Combat service to Gulf War in Southwest Asia * Driver’s Badge * Expert Rifle Marksmanship Badge * Expert Marksmanship Badge (M60) * Army Commendation Medal APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * OF 346 (U.S. Government Motor Vehicle Operator’s Identification Card), 20 September 1989 * memorandum, Headquarters, 1st Battalion, 19th Field Artillery, OSUT recognition, 2 November 1989 * memorandum, Headquarters, 1st Battalion, 19th Field Artillery, Army Physical Fitness Test commendation, 2 November 1989 * memorandum, Headquarters, 1st Battalion, 19th Field Artillery, Fast Tracker Program, 2 November 1989 * certificate, German Headstart, 19 January 1990 * certificate, Combat Lifesavers Course, 21 December 1990 * certificate, Army Achievement Medal, 1 October 1991 * DD Form 214, 5 November 1991 * letter, National Personnel Records Center (NPRC), 14 October 2014 * letter, Department of Veterans Affairs Gulf War Registry, 13 September 2021 * letter, Department of Veterans Affairs Open Burn Pit Registry, 18 August 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 requests, in effect, correction to his DD Form 214 to show the corrections listed above. 3. A review of the applicant's record and Army regulations shows the applicant is eligible to add certain administrative entries not currently listed on his DD Form 214, ending on 5 November 1991. These entries will be entered/addressed through an administrative correction without action by the Board. 4. The applicant enlisted in the Regular Army on 26 July 1989 and was awarded the military occupational specialty (MOS) 13B, Cannon Crew Member. 5. A review of the applicant’s military record does not show he was deployed to Southwest Asia; however, the applicant provides documentation from the Department of Veterans Affairs that shows he has been registered with the Gulf War and Open Burn Pit registries. 6. There is no evidence in the applicant’s service record, and he provides none to show he was recommended for or awarded the Army Achievement Medal, Army Commendation Medal. Likewise, there is no evidence of award of the Expert Marksmanship Badges, or Driver’s Badge. 7. The applicant’s DA Form 2-1 (Enlisted Personnel Record) shows the following information: a. Item 5 (Overseas Service): From 17 November 1989 to a date that is illegible, EURA-Germany, 21 months b. Item 9 (Awards, Decorations, & Campaigns): Army Service Ribbon, Overseas Service Medal, National Defense Service Medal c. Item 35 (Record of Assignments): * 890726, Enlistment, 95th Adjutant General Battalion (Reception), Fort Sill, OK * 890804, 13B00, OSUT, Battery E, 1st BN, 19th Field Artillery, Fort Sill, OK * 891101, Casual, Enroute to Germany * 891122, 13B10, Cannoneer, B Battery, 4/18th Field Artillery, Germany * 911007, Casual, Enroute to Fort Dix, NJ 8. The applicant provides a Certificate for Award of the Army Achievement Medal, dated 1 October 1991, for superior service while assigned as Howitzer Driver, Number One Cannoneer, and Number Two Cannoneer while assigned to Bravo Battery, 4th Battalion, 18th Field Artillery from 31 July 1989 to 15 October 1991. a. His military record contains neither the Certificate of Award nor corresponding orders for the Army Achievement Medal. b. A review conducted by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Army Achievement Medal to the applicant. 9. The applicant also provides Certificates of Training for German Headstart (40 Hours), 19 January 1990, and Combat Lifesavers Course, 13-21 December 1990. 10. The applicant did not provide evidence of his combat service in Southwest Asia in support of Operation Desert Storm, Driver’s Badge, any marksmanship qualifications, or the Army Commendation Medal. 11. A review of the Gulf War Roster did not yield any results with the applicant’s name and/or Social Security Number. 12. The applicant was honorably released from active duty on 5 November 1991. His DD Form 214 credits him with 2 years, 3 months, and 10 days of net active service, and 1 year, 10 months, and 22 days of foreign service. His DD Form 214 shows the following information: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Army Service Ribbon, National Defense Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Badge Rifle (M16), and Marksman Marksmanship Badge (Grenade * Item 14 (Military Education): None * Item 18 (Remarks) No listing of any Southwest Asia service BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant served on active duty from 26 July 1989 to 5 November 1991. The Board noted his selection as the Distinguished Honor Graduation of One Station Unit Training (OSUT); however, there is no provision to list such entry on the DD Form 214. Additionally, a review of the applicant’s military record does not show he was deployed to Southwest Asia. The applicant did not provide evidence of his combat service in Southwest Asia in support of Operation Desert Storm, His name is not listed on the Gulf War Roster (a listing of those deployed in support of Operations Desert Shield/Storm). Additionally, there is no evidence in the applicant’s service record, and he provides none to show he was recommended for or awarded the Army Achievement Medal, Army Commendation Medal. Likewise, there is no evidence of award of the Expert Marksmanship Badges, or Driver’s Badge. If the applicant has additional documentary evidence such as deployment orders, manifest, travel voucher, Leave and Earnings Statements, award orders, etc.., he may reapply to this Board for reconsideration. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. 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 NOTES: Make the following administrative corrections to block 14 of applicant's DD Form 214: add German Headstart, 1 week, 1990 and Combat Lifesavers Course, 2 weeks, 1990 REFERENCES: 1. 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 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. 2. Army Regulation (AR) 600-8-22 (Military Awards) states: a. 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. b. The Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification should be shown as: Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar. Award of marksmanship badges is not permanent. Paragraph 1-31c(11) states an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired. d. The eligibility requirements for drivers require that a Soldier must (1) qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 600-55 and (2) be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator’s Qualification Record (Except Aircraft)); or (3) perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009959 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1