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ARMY | BCMR | CY2007 | 20070000048C071108
Original file (20070000048C071108.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 May 2007
      DOCKET NUMBER:  AR20070000048


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald J. Weaver              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. David W. Tucker               |     |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 Overseas Service Ribbon
(OSR), the Meritorious Service Medal (MSM), the Expert Marksmanship
Qualification Badge, and to be affiliated with the AG (Adjutant General)
Regimental Corps.

2.  The applicant states, in effect, that he believes he is entitled to
award of the OSR since he was medically retired while on an overseas tour.
He also states, that he was awarded the MSM after his retirement.  He
continues to state, in effect, that he desires to be affiliated with the AG
Regiment.  He finally states, that the Expert Marksmanship badge he was
previously awarded was left off his most current DD Form DD 214.

3.  The applicant provided copies of his DD From 214s (Certificate of
Release or Discharge from Active Duty) and a copy of orders awarding the
MSM, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 September 1992.  The application submitted in this case
is dated
19 January 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.  The applicant's DD Form 2-1 (Personnel Qualification Record) shows that
he enlisted into the Regular Army in 0ctober 1974.  He was awarded the
military occupational specialty (MOS) 13B, (Field Artillery Crewman).  The
highest rank he attained while serving on active duty was Sergeant (SGT).




4.  On 25 January 1978, the applicant was honorably discharged after
completing a total of 3 years, 3 months, and 2 days of active military
service.  The DD Form 214 he was issued shows he earned the following
awards during his active duty tenure:  the Parachutists Badge and the
Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  The applicant's DD Form 214, dated 13 September 1984, shows he
reentered into the Regular Army on 11 October 1978.  He was awarded the MOS
Administration (71L).  The highest rank he attained while serving on active
duty was Staff Sergeant (SSG).

6.  Item 35 (Current and Previous Assignments) of the applicant's DA Form 2-
1 (Personnel Qualification Record) shows he completed an overseas tour in
Germany from 2 October 1980 through 1 May 1982.  The DA Form 2-1 also shows
that he served for 6 months in Italy from 9 April 1980 through 1 October
1980, and 15 months in Panama from 17 May 1983 through 1 September 1984.

7.  Item 9 (Awards, Decorations, and Campaigns) of the applicant’s DA Form
2-1 shows that he earned the Expert Marksmanship Qualification Badge
(Pistol) and the Expert Marksmanship Qualification Badge (M-16) during this
active duty tour.

8.  On 13 September 1984, the applicant was retired with a physical
disability after completing a total of 5 years, 11 months, and 3 days of
active military service.  The DD Form 214 he was issued shows he earned the
following awards during this active duty tenure:  the Army Commendation
Badge, the Good Conduct Medal (3rd award), the Air Assault Badge, the Army
Service Ribbon, the Overseas Service Ribbon, and the Noncommissioned
Officer Professional Development Ribbon (with numeral 3) .

9.  Permanent Order Number 138-1, Headquarters, 7th Signal Command and Fort
Ritchie, Fort Richie, Maryland, dated 26 December 1984, shows that the
applicant was awarded the MSM for meritorious service during the period 20
May 1973 through 28 August 1984.

10.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas
Service Ribbon was established by the Secretary of the Army on 10 April
1981.  The regulation 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.
Numerals are used to denote the second and subsequent awards of the
Overseas Service Ribbon.

11.  Army Regulation 614-30 (Overseas Service) provides, in pertinent part,
that soldiers in a PCS status overseas is whose tour is curtailed for
medical reasons will be credited with a complete tour.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that all CS (Combat Support), CSS (Combat Service Support), are
automatically affiliated with their corps upon graduation from the MOS
producing school.  Regimental affiliation is based upon the Soldier’s
branch as determined by the PMOS.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), provides, in pertinent part, that authorization to wear a SSI-
FWTS applied only to soldiers who are assigned to the United States Army
units during the operations.  Periods of eligibility are announced by
Department of the Army and only shoulder sleeve insignia approved for wear
by Headquarters Department of the Army are authorized to be worn on the
right sleeve of the Army Green and field uniforms to signify wartime
service

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the MSM, the
OSR, the Expert Marksmanship Qualification Badge with Rifle Bar and to be
affiliated with the AG (Adjutant General) Regimental Corps.

2.  Permanent Orders show that the applicant was awarded MSM which is not
shown on his separation document.  Therefore, he is entitled to correction
of his records to show this award.

3.  The evidence of record shows that the applicant completed an overseas
tour in Germany and served on an overseas tour in Panama for 15 months from

17 May 1983 through 1 September 1983 and the applicant was retired with a
disability.  Therefore, he is entitled to correction of his records to show
credit for this tour.

4.  The evidence of record shows that the applicant was awarded the Expert
Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is
entitled to correction of his records to show this award.

5.  The evidence of record shows that the applicant was awarded the Expert
Marksmanship Qualification Badge with Rifle Bar (M-16) during his most
recent active duty tour.  Therefore, he is entitled to correction of his
records to show this award.

6.  The applicant is not entitled to correction to his DD Form 214 to show
his Regimental affiliation.  This item is an insignia and is not required
to be listed on the separation document as an award or decoration.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 September 1984; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 September 1987.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
or argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___RJW_  ___JCR__  ___DWT_  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 showing award of the
MSM, the OSR with the numeral 2, the Expert Marksmanship Qualification
Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with
Pistol Bar.




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 AG Regimental affiliation.




                            ____Ronald J. Weaver_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000048                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/24                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. SCHWARTZ                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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