RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20070018008
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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) and Overseas Service Ribbon (OSR).
2. The applicant states, in effect, that he should be awarded the ASR and OSR and that these awards should be added to the list of awards contained on his separation document (DD Form 214).
3. The applicant provides his DD Form 214, Disability Retirement Orders, and a Retirement Certificate in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows that he was appointed a second lieutenant in the United States Army Reserve (USAR) on 22 April 1966, and that he entered active duty in that status on 23 May 1966. He was promoted to first lieutenant on 23 May 1967, to captain on 23 May 1968, and to Major on 8 May 1976.
3. The applicant's Personnel Qualification Record (DA Form 2-1) shows that he served in Germany for 45 months from 27 February 1970 through 7 December 1973. Item 9 (Awards, Decorations & Campaigns) shows that he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM); Meritorious Service Medal (MSM) 1st Oak Leaf Cluster (2nd Award), Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster (2nd Award), and Expert Field Medical Badge (EFMB).
4. On 31 January 1980, the applicant was honorably released from active duty, by reason of physical disability, and was placed on the Temporary Disability Retired List (TDRL), in the rank of major. The DD form 214 he was issued at the time shows he completed a total of 13 years, 8 months and 8 days of active military service, and that he had earned NDSM, MSM 1st Oak Leaf Cluster, ARCOM 1st Oak Leaf Cluster, and EFMB during his active duty tenure. The applicant authenticated the DD Form 214 with his signature in Item 21 (Signature of Member Being Separated) on the date of his REFRAD.
5. On 23 July 1982, United States Army Military Personnel Center (MILPERSCEN) Orders Number D142-12 removed the applicant from the TDRL and directed his permanent retirement, in the rank of major, on 31 July 1982.
6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 5-4 contains guidance on award of the OSR. It 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 this award. The ribbon 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 as defined above on or after 1 August 1981.
7. Paragraph 5-5 of the awards regulation contains guidance on award of the ASR. It states, in pertinent part, that effective 1 August 1981, it is authorized to all members of the United States Army for successful completion of initial entry training. It further states that ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the ASR and OSR and these awards should be added to his separation document was carefully considered. However, by regulation, the ASR and OSR are authorized to be awarded retroactively only to those members who were in an active Army status on or after 1 August 1981. There are no provisions for awarding it to members who departed an active Army status prior to 1 August 1981.
2. The evidence of record confirms the applicant was REFRAD and placed on the TDRL on 31 January 1980, and that he was not in an active Army status on or after 1 August 1981, and there are no regulatory provisions that allow for retroactive award of the ASR and/or OSR to members who were not in an active Army status on or after 1 August 1981. As a result, the regulatory criteria for award of these ribbons has not been satisfied in this case, and it would not be appropriate or serve the interest of all those who served and faced similar circumstances to grant the requested relief.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x ___ ___x ___ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_________x_____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018008
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
ARMY | BCMR | CY2011 | 20110024306
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards: * Meritorious Service Medal (MSM) (2nd award) * Army Commendation Medal (ARCOM) (4th award) * Army Achievement Medal (AAM) (3rd award) * Korea Defense Service Medal (KDSM) * any additional awards as a result of his service during Operation Desert Storm * Overseas Service Ribbon (OSR) (6th award) 2. The applicant provides two DD Forms 214, orders and...
ARMY | BCMR | CY2010 | 20100030479
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his awards of the Meritorious Service Medal (MSM) 1st Oak Leaf Cluster (OLC), the Joint Service Commendation Medal (JSCM) 1st OLC, the Overseas Service Ribbon (OSR) and 11 commemorative medals.. 2. Notwithstanding that the applicant has not provided orders or evidence to show he was awarded commemorative medals, there are no provisions for adding commemorative medals to...
ARMY | BCMR | CY2002 | 2002075571C070403
Two general orders awarding the applicant the Army Good Conduct Medal are in his file -- General Orders 1868, Headquarters, U. S. Army, Europe and Seventh Army dated 16 April 1975 (awarding him the Army Good Conduct Medal for the period 14 December 1969 to 13 December 1972) and General Orders 210, Headquarters, U. S. Army Field Artillery Center and Fort Sill dated 21 January 1974 (awarding him the Army Good Conduct Medal third award for the period 14 December 1972 to 13 December 1975). His...
ARMY | BCMR | CY2001 | 2001062502C070421
The applicant requests, in effect, correction of his retirement DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 31 March 1971 to show award of the bronze arrowhead, the Army Service Ribbon (ASR), four awards of the Overseas Service Ribbon (OSR), two additional awards of the Combat Infantryman Badge (CIB), the United Nations Service Medal (UNSM) and a second award of the Purple Heart (correctly known as the Purple Heart with First Oak...
ARMY | BCMR | CY2012 | 20120010722
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 31 December 1990 to show: * Two vice three oak leaf clusters with the Meritorious Service Medal * No oak leaf clusters with the Army Commendation Medal * No numerals with the Army Service Ribbon * Two awards of the Overseas Service Ribbon 2. The applicant states: * He was awarded three awards of the Meritorious Service Medal so he should be authorized to display two oak...
ARMY | BCMR | CY2013 | 20130008029
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of: * Overseas Service Ribbon (OSR) * Army Service Ribbon (ASR) * Valorous Unit Award (VUA) 2. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. b. The applicant contends that his DD Form 214 should be corrected to show award...
ARMY | BCMR | CY2008 | 20080007448
A review of his records also show that he was awarded the Army Service Ribbon based upon his completion of the carpentry and masonry course at Fort Leonard Wood, Missouri. Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. The applicant was credited with completion of a tour in Germany and thus is eligible for award of the OSR.
ARMY | BCMR | CY2009 | 20090004371
The applicant requests that his DD Form 214 (Report of Separation from Active Duty) be corrected to reflect awards of the Meritorious Service Medal (MSM), the Korea Defense Service Medal (KDSM), the Army Service Ribbon (ASR), the Overseas Service Ribbon (OSR), and the Noncommissioned Officer Professional Development Ribbon (NCOPDR). Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on...
ARMY | BCMR | CY2012 | 20120022471
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal (MSM) (1st Oak Leaf Cluster), Army Commendation Medal (ARCOM), and the Republic of Vietnam Armed Forces Honor Medal (2nd Class). The applicant provides the following in support of his request: * DA Form 4980-12 (MSM Certificate), dated 21 October 1983 * Permanent Order 176-29, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 26...
ARMY | BCMR | CY2010 | 20100018612
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 31 August 1994 to show his awards of the Valorous Unit Award (VUA), Kuwait Liberation Medal-Kuwait (KLM-KU), and Korea Defense Service Medal (KDSM). It is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. There is no available evidence showing the applicant served with a unit...