RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	20 February 2008  
	DOCKET NUMBER:  AR20070013438 


	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.


x

	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, that the Army Commendation Medal be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, he spent three years in Germany on active duty.  The Army Commendation Medal he received for this long overseas tour does not show up on his DD Form 214.  He states he is trying to get his affairs straight before his retirement but had no idea how to fix the problem.

3.  In support of his application, the applicant submitted a copy of an Army Commendation Medal certificate, dated 1 September 1991.

CONSIDERATION OF EVIDENCE: 

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the US Army Reserve on 2 September 1987.  On 29 September 1987, he enlisted in the Regular Army.  After completing all required training, he was awarded the military occupational specialty (MOS), 36M (Switching Systems Operator).

3.  The applicant was honorably released from active duty, on 28 September 1991, under the provisions of Army Regulation (AR) 635-200, chapter 4, at the expiration of his term of service.  He was released from active duty in the rank/pay grade, Specialist/E-4.  On the date he was released from active duty, he had completed 4 years net active service, with no lost time.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)), of the applicant's DD Form 214, shows he was awarded the Army Service Ribbon, the Good Conduct Medal, the 
National Defense Service Medal, the Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle).  The Army Commendation Medal is not shown.

5.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel Qualification Record, Part II, shows the applicant served in Germany for the period 3 April 1988 through 2 April 1991 and completed a full "with dependents" overseas tour.

6.  Item 9 (Awards, Decorations and Campaigns), of the applicant's DA Form 2-1, does not show the Army Commendation Medal.

7.  The certificate the applicant provided in support of his request shows he was awarded the Army Commendation Medal for meritorious service while assigned as a training clerk with Headquarters and Headquarters Company, 72nd Signal Battalion, for the period from 4 April 1988 to 28 September 1991.

8.  Item 35 (Record of Assignments), of the applicant's DA Form 2-1, shows the applicant was assigned to the 324th Signal Company, 72nd Signal Battalion, as a switchboard operator.

9.  The applicant did not provide a copy of award orders supporting his contention he was awarded the Army Commendation Medal.  The applicant's iPERMS (Integrated Personnel Management System) data base record was reviewed to determine if a copy of an order awarding him the Army Commendation Medal was on file in his Official Military Personnel File.  Only orders for the Good Conduct Medal and the Parachutist Badge are on file in his iPERMS File.

10.  AR 635-5 prescribes policies and procedures regarding separation documents and entries which are to be made in Item 13, of the DD Form 214.  The instructions are as follows:  "List awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations."

11.  AR 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record fails to corroborate the applicant's contention he was awarded the Army Commendation Medal and it was omitted from his DD Form 214 at the time of his release from active duty.

2.  The Army Commendation Medal certificate the applicant provided in support of his request shows he was presented this award for meritorious service as a training clerk while assigned to Headquarters and Headquarters Company, 72nd Signal Battalion; however, Item 35 of the applicant's DA Form 2-1, shows he was assigned to the 324th Signal Company, 72nd Signal Battalion, as a switchboard operator.

3.  The applicant did not provide a copy of orders with his application to support his contention he was awarded the Army Commendation Medal.  A review of his iPERMS file fails to show either the certificate or the required orders.

4.  Based on the available evidence of record, the applicant is not entitled to have the Army Commendation Medal added to his DD Form 214.

5.  The evidence shows the applicant served in Germany for the period 3 April 1988 through 2 April 1991 and completed a full "with dependents" overseas tour.  Based on this service, he is entitled to award of the Overseas Service Ribbon and to have this award added to his DD Form 214.

6.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_x__  __x___  __x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this 
case are insufficient as a basis for correction of the records of the individual concerned to add the Army Commendation Medal to his DD Form 214.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show he was awarded the Overseas Service Ribbon for having completed a full "with dependents" tour of duty in Germany.




____x___
          CHAIRPERSON



INDEX

CASE ID
AR20070013438
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENIAL WITH ADMIN CORRECTION
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
107.0020
3.

4.

5.

6.