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ARMY | BCMR | CY2006 | 20060011798
Original file (20060011798.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060011798


	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.



	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 correction of his DD Form 214 (Certificate of Release or Discharge From Active Duty) to show the Army Achievement Medal, the Army Good Conduct Medal, and the Overseas Service Ribbon.

2.  The applicant states the above awards were not entered on his DD Form 214 when he was honorably discharged.

3.  The applicant provides:

	a.  DD Form 214;

	b.  Permanent Orders 131-204, 55th Personnel Services Battalion, dated 11 May 2005, awarding the Army Good Conduct Medal for the period 2 July 2002 to 1 July 2005;

	c.  DA Form 638 (Recommendation for Award); and

	d.  Enlisted Record Brief.

CONSIDERATION OF EVIDENCE:

1.  The evidence of record shows that on 14 February 2002, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP).  He was subsequently discharged from the DEP and enlisted in the Regular Army for 5 years on 2 July 2002.  He was trained in, awarded, and served in military occupational specialty (MOS) 31B10 (Military Police).

2.  The applicant's was assigned permanent duty as an MP in Germany, arriving there on/about 23 October 2002.  He served in Germany until he was honorably discharged on 31 May 2005 under the provisions of Army Regulation 635-40 by reason of disability with severance pay.

3.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.

4.  The applicant has provided orders showing he was awarded the Army Good Conduct Medal.

5.  The applicant has provided a DA Form 638 from the Commander, 92nd MP Company to the Commander, 709th MP Battalion, recommending him for award of the Army Achievement Medal for the period 10 December 2002 to 31 May 2005.  It is marked approved and signed by the then Commander, 709th MP Battalion.

6.  The DA Form 638 for the Army Achievement Medal does not contain Orders Data in Part V.  In a telephone conversation with Military Awards Branch, US Army Human Resources Command (HRC), Alexandria, VA, the DA Form 638 was determined valid as long as the approving commander signed the form.

7.  The Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Army Regulation 600-8-22 states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  The OSR will not be awarded for overseas service recognized with another U.S. service medal.  For example, if a Soldier was credited with overseas tour completions per AR 614-30 for Alaska, Berlin, Germany, and also served in the Vietnam Conflict and the Persian Gulf War, he or she would be entitled to the OSR with numeral 2 (Alaska and Germany), the Army of Occupation Medal (Berlin), the Vietnam Service Medal, and the Southwest Asia Service Medal.  Numerals will be used to denote second and subsequent awards of the OSR.

8.  Army Regulation 614-30 (Overseas Tours) provides policy and guidance on eligibility and selection criteria for overseas service in a permanent change of station (PCS) status under routine conditions as well as contingency operations and deployments and establishment of tour lengths for overseas areas.  It provides for overseas tour lengths as stated in the Joint Federal Travel Regulation, Appendix Q, Table 1.  The unaccompanied tour length for Germany is 24 months.

DISCUSSION AND CONCLUSIONS:

1.  The evidence proves the applicant is entitled to award of the Army Achievement Medal and the Overseas Service Ribbon.

2.  The applicant's DD Form 214 should be corrected to show these awards and his Army Good Conduct Medal.

BOARD VOTE:

__klw___  __cad___  __eif___  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:

	a.  awarding him the Army Achievement Medal and the Overseas Service Ribbon; and 

	b.  amending his DD Form 214 to show he was awarded the Army Achievement Medal, the Army Good Conduct Medal, and the Overseas Service Ribbon.



							Kenneth L. Wright
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060011798
SUFFIX

RECON

DATE BOARDED
20070327
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.


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