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ARMY | BCMR | CY2004 | 20040009316C070208
Original file (20040009316C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 August 2005
      DOCKET NUMBER:  AR20040009316


      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             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Army Service Ribbon
(ASR).

2.  The applicant states, in effect, that he did not receive the ASR for
his service in the New York Army National Guard (NYARNG).  He indicates
that he served in the NYARNG from 1989 to 1991.

3.  The applicant provides a copy of his National Guard Bureau Report of
Separation and Record of Service (NGB Form 22) and a copy of his Armed
Forces of the United States Report of Transfer or Discharge (DD Form 214)
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he initially enlisted
and entered active duty in the United States Marine Corps on 26 October
1969.  He continued to serve in the USMC until he was honorably discharged
on 25 June 1973, having completed a total of 3 years and 8 months active
federal service.

2.  On 18 May 1989, the applicant enlisted and entered the NYARNG.  He
acknowledged at that time that he would undergo training in military
occupational specialty (MOS) 02M3O (Percussion Player).  His Military
Personnel Records Jacket (MPRJ) contains a copy of Headquarters, Troop
Command, NYARNG Orders Number (#) 24-1C dated 18 May 1990.  These orders
awarded him the primary military occupational specialty (PMOS) "02M3O",
effective 1 March 1990.

3.  The applicant continued to serve in the NYARNG until he was honorably
separated on 17 May 1991.  The NGB Form 22 he was issued at the time
confirmed he completed 2 years of military service in an active status in
the NYARNG.

4.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 5-5 of the
awards regulation contains guidance on award of the ASR and states the ASR
is authorized to be awarded to all members of the Active Army, Army
National Guard, and U.S. Army Reserve in an active Reserve status.  It also
states, in pertinent part, that the ASR will be awarded to enlisted
Soldiers upon successful completion of their initial MOS producing course.
For those enlisted Soldiers assigned an MOS based on civilian or other
service acquired skills, this ribbon will be awarded upon completion of 4
months of honorable service.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the award of the ASR
has been carefully considered and found to have merit.

2.  By regulation, members of the ARNG are authorized to receive the ASR
upon successful completion of training, or upon being awarded an MOS.  The
evidence of record confirms the applicant was awarded the PMOS "02M3O" on
1 March 1990, nearly nine months after enlisting in and serving in the
NYARG in an active status.  Therefore, it would serve the interest of
justice and equity to add the ASR to his record and separation document at
this time.

BOARD VOTE:

__KAN___  __WDP_  __MJNT_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing he is entitled to the Army Service Ribbon and by issuing him a
corrected separation document that includes this award.




            ____Kathleen A. Newman___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009316                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/05/17                              |
|DISCHARGE AUTHORITY     |NGR 600-200                             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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