RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 05 December 2006
DOCKET NUMBER: AR20060007450
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. Jessie B. Strickland | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda Simmons | |Chairperson |
| |Mr. Patrick McGann | |Member |
| |Mr. Donald Steenfott | |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 that his report of separation (DD Form 214) be
corrected to reflect his awards of the Army Commendation Medal (ARCOM) and
the National Defense Service Medal (NDSM).
2. The applicant states that his DD Form 214 does not reflect his awards
of the ARCOM and NDSM.
3. The applicant provides a copy of orders awarding him the ARCOM and a
copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 7 April 1978. The application submitted in this case is dated
13 May 2006.
2. Title 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. He enlisted in Seattle, Washington on 14 January 1975 for a period of 3
years and training as a multi-channel communications equipment operator.
He successfully completed his training and was transferred to Germany on 26
June 1975. He was assigned to Company B, 141st Signal Battalion during his
entire tour of duty and was promoted to the pay grade of E-5 on 31 August
1977.
4. He departed Germany on 3 April 1978 and was transferred to Fort Dix,
New Jersey, where he was honorably released from active duty (REFRAD) on 7
April 1978. He had served 3 years, 2 months and 24 days of total active
service and his DD Form 214 issued at the time of his REFRAD shows that he
was awarded the Good Conduct Medal and the Expert Marksmanship Badge with
rifle bar.
5. The applicant’s records confirm that orders were published on 1
December 1977 awarding him the ARCOM for the period ending 13 January 1978.
6. Army Regulation 600-8-22 (Military Awards) as amended provides that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant clearly was awarded the ARCOM for meritorious service and
that award was not added to his DD Form 214 at the time of his REFRAD.
Accordingly, it would be in the interest of justice to do so at this time.
2. However, the applicant did not serve on active duty during a period in
which the NDSM was authorized. Therefore, he is not entitled to be awarded
the NDSM or to have it added to his records.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 April 1978; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 April 1981. The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__LS____ ___PM _ ___DS __ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file. As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by adding the award of the
ARCOM to his DD Form 214.
2. The Board further determined that 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 the NDSM.
_____ Linda Simmons_____
CHAIRPERSON
INDEX
|CASE ID |AR20060007450 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061205 |
|TYPE OF DISCHARGE |(HD) |
|DATE OF DISCHARGE |19780407 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |REFRAD |
|BOARD DECISION |(PARTIAL GRANT) |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES |189/CORR 214 |
|1.110.0000 | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2008 | 20080014983
The applicant states he was awarded the ARCOM on 1 April 1977, less than 30 days prior to his separation. Although orders authorizing the ARCOM are normally required to support adding an award to a member's record and/or DD Form 214, in this case the ARCOM certificate appears to be genuine and signed by the proper award approval authority. The evidence of record also confirms that based on his service in Korea, he is also eligible for the KDSM which should also be added to his record and...
ARMY | BCMR | CY2008 | 20080009457
Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating while serving in the RVN. Paragraph 4-7 contains guidance on qualifying periods and states, in pertinent part, that qualifying periods of must be continuous enlisted active Federal military service. The evidence of record is void of any indication that the applicant was...
ARMY | BCMR | CY2012 | 20120001082
His DA Form 2 (Personnel Qualification Record), dated 15 January 1979, also lists his rank title as SP5 in item 9 (Grade). As a result, it would be appropriate to award the applicant the AGCM for his qualifying honorable active service from 22 August 1975 through 21 August 1978, and add this award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for...
ARMY | BCMR | CY2014 | 20140006088
The applicant requests, in effect, correction of his DD Form 214 to show the Army Good Conduct Medal (AGCM), Army Commendation Medal (ARCOM), and any other medals he may be authorized. The evidence of record does not show that the applicant was awarded the ARCOM. Based on his completion of the Primary NCO Course, it would be appropriate to correct his DD Form 214 to show the NPDR.
ARMY | BCMR | CY2007 | 20070018802
While assigned in Korea, the applicant reenlisted on 25 April 1975 for a period four years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the AFEM to his DD Form 214 for the period ending 3 April 1981. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2012 | 20120005300
c. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. There is no evidence of record and the applicant did not provide any evidence that shows he was awarded a second award of the ARCOM. Therefore, in the absence of orders awarding him an additional award of the ARCOM, there is no basis for granting this portion of his request.
ARMY | BCMR | CY2008 | 20080005389
IN THE CASE OF: BOARD DATE: 8 July 2008 DOCKET NUMBER: AR20080005389 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, award of the Overseas Service Ribbon (OSR), 2nd Award. The evidence of record confirms the applicant completed three overseas tours in Germany, and that he was awarded the OSR with Numeral 3 based on his completion of these tours, as evidenced by an entry in Item 9 of his DA Form 2-1.
ARMY | BCMR | CY2010 | 20100010758
Application for correction of military records (with supporting documents provided, if any). Further, the applicant's official military personnel file is void of any orders or other documents that show he was ever recommended for or awarded the BSM during his military service and he has failed to provide any independent evidence showing he was awarded the BSM while serving on active duty as he asserts. Therefore, the Board determined that the overall merits of this case are insufficient as...
ARMY | BCMR | CY2013 | 20130013400
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by showing that he was awarded the Expert Infantryman Badge (EIB), Leistungsabzeichen der Bundeswehr from the Federal Republic of Germany (FRG), Cold War Medal, Noncommissioned Officer Proficiency Badge and Ribbon, Army Commendation Medal (ARCOM), FRG Schutzenschnur Marksmanship Badge (Bronze), National Defense Service Medal (NDSM), and the German Army Sports Award and...
ARMY | BCMR | CY2006 | 20060013090C071029
The applicant requests, in effect, award of the Combat Infantryman Badge (CIB); and that correction of his separation document (DD Form 214). The DD Form 214 issued to the applicant upon his retirement shows, in Item 12f (Foreign Service), the he completed 4 years, 5 months, and 23 days of overseas service during the period covered by the DD Form 214 (16 July 1975-26 June 1981). Item 13 will contain all authorized award, as contained in the Army's awards regulation, for all periods of service.