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ARMY | BCMR | CY2001 | 2001058045C070420
Original file (2001058045C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 October 2001
         DOCKET NUMBER: AR2001058045


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. W. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Ms. Kathleen A. Newman Member
Mr. Ronald E. Blakely Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests reconsideration of his previous application to correct his military records by awarding him the army Service Ribbon and two awards of the Overseas Service Ribbon. He submits a copy of his National Guard Bureau Report of Separation and Record of Service (NGB Form 22) to show that he had an active status after 1 April 1981.

3. The applicant states, in effect, that he is entitled to the awards because he did have an active Army status subsequent to 1 August 1981.

4. The Record of Proceedings of the Board’s 10 April 2001 review of the case (AR2000050800) is incorporated herein by reference as if wholly set forth.

5. The applicant’s submission is new evidence that requires Board consideration.

6. The applicant’s NGB Form 22 shows that he served in the Oklahoma Army National Guard from 2 July 1982 to 1 July 1983 and was separated with an honorable characterization of service as a sergeant (E-5).

7. As noted in the original decisional document Army Regulation 600-8-22 shows that the Overseas Service Ribbon and the Army Service Ribbon were established on 10 April 1981 and may be awarded retroactively to those qualified personnel who had an Active Army status on or after 1 August 1981.

CONCLUSIONS:

1. As noted in the previous decisional document the applicant could not be authorized the requested awards because there was no available evidence of an active Army status subsequent to 1 April 1981. The NGB Form 22 corrects that shortcoming.

2. The applicant is entitled to an award of the Army Service Ribbon and the two awards of the Overseas Service Ribbon.

3. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would rectify an injustice.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that he individual concerned is authorized the Army service Ribbon and the Overseas Service Ribbon with numeral 2.

BOARD VOTE:

_rjw_____ __kan___ __reb __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _Raymond J. Wagner__
                  CHAIRPERSON


INDEX

CASE ID AR2001058045
SUFFIX
RECON
DATE BOARDED 20011025
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.





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