IN THE CASE OF:	  

		BOARD DATE:	         2 October 2008    

		DOCKET NUMBER:   AR20080004977 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his record to show award of the Meritorious Service Medal with First Oak Leaf Cluster, Presidential Unit Citation, Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon, Army Service Ribbon, Army Achievement Medal, and the Valorous Unit Award.

2.  The applicant states, in effect, that he earned each of the requested awards and decorations while serving on active duty.  He continues that the evidence submitted substantiates both inclusion of previously awarded awards and decorations and retroactive award of additional ones.

3.  The applicant provides the following as additional documentary evidence in support of this application:  DD Form 214 (Report of Separation from Active Duty), Certificate of Retirement, DA Form 2-1 Personnel Qualification Record), Permanent Orders awarding the Meritorious Service Medal with First Oak Leaf Cluster, Meritorious Service Medal with First Oak Leaf Cluster Certificate, Presidential Unit Citation Certificate, Purple Heart Certificate, Noncommissioned Officer Academy Graduation Certificate, photo of a Basic Combat Training Platoon, Infantry Officer Candidate Course Diploma, Military Police Officer Advanced Course Diploma, Certificate of Achievement, News Release, Valorous Unit Award Certificate, and DA Form 67-5 (United States Army Officer Efficiency Report).  The applicant also provides regulatory extracts pertaining to the eligibility criteria for the awards that he requested.


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's record shows that he served as an enlisted Military Policeman during the period 7 October 1958 through 21 September 1966.  The highest rank he attained during this period of service was staff sergeant (SSG)/pay grade E-6.
On 22 September 1966, the applicant was commissioned as an officer in the United States Army Reserve following his successful completion of the Infantry Officer Candidate Course and was immediately ordered to active duty.  Later in his career, he completed the Military Police Officer Advanced Course and the Tactical Intelligence Staff Officer Course.  At the time of his retirement from active duty on 31 October 1978, the applicant held the rank of major (MAJ)/pay grade O-4.

3.  Block 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 shows he completed a course at the 7th Army Noncommissioned Officer Academy in 1963.  Seventh United States Army Noncommissioned Officer Academy Certificate, dated 10 May 1963, shows the applicant graduated from the course.

4.  Army Regulation 600-8-22 (Military Awards) shows that the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated Noncommissioned Officer professional development courses.  Army Regulation 600-8-22 also provides that graduates of Noncommissioned Officer Academy Courses conducted prior to 1976 for the Active Army and conducted prior to 1980 for Reserve Components will be given credit for the Primary Level only.

5.  The applicant's record shows he served in the Republic of Vietnam during the period 18 September 1967 through 15 September 1968.  During the periods 4 October 1967 through 21 March 1968 and 1 July 1968 through 15 September 1968, he was assigned to Company B, 4th Battalion of the 503rd Infantry Regiment in the 173rd Airborne Brigade.  He was assigned to Headquarters and Headquarters Company, 4th Battalion of the 503rd Infantry Regiment in the 173rd Airborne Brigade 22 March 1968 through 30 June 1968.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows the unit, to which the applicant was assigned, was awarded the Presidential Unit Citation based on Department of the Army General Orders Number 42, dated 1969.

8.  The Military Awards Branch of the United States Army Human Resources Command maintains an Internet website listing recently approved Unit Awards.  This list, in pertinent part, shows the unit, to which the applicant was assigned, was awarded of the Valorous Unit Award based on Department of the Army General Orders Number 25, dated 2001.

9.  United States Army Military Police School/Training Center and Fort McClellan, Fort McClellan, Alabama Permanent Order 80-2, dated 31 July 1978, awarded the applicant the Meritorious Service Medal with First Oak Leaf Cluster for outstanding meritorious service during the period 24 July 1975 through 31 October 1978.  Meritorious Service Medal with First Oak Leaf Cluster Certificate, dated 31 October 1978, shows the narrative citation and commemorates the applicant's receipt of this award.

10.  The applicant provides a regulatory extract pertaining to eligibility criteria for awarding the Army Achievement Medal.  He also provides a Certificate of Achievement he received for superior service on 30 April 1964.  The applicant, in effect, requests to have the Certificate of Achievement converted and approved as an Army Achievement Medal based on distinguishing himself by meritorious achievement of a lesser degree than required for award of the Army Commendation Medal.

11.  Army Regulation 600-8-22 provides that awards of certain decorations as authorized in this regulation or later will be made on the basis of existing letters, citations, and/or orders.  The decorations which may be awarded under this provision are:  the Purple Heart and the Silver Star to qualifying service members who served during World War I; the Bronze Star Medal to individual members of the Armed Forces who were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945 or whose meritorious achievement was confirmed by documents executed prior to 1 July 1947; and the Army Commendation Medal to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation signed by an officer in the grade or position a major general or higher.  The Army Achievement Medal is not an authorized conversion award.

12.  Army Regulation 600-8-22 shows that the Army Achievement Medal was established by the Secretary of the Army on 10 April 1981.  This regulation provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

13.  The applicant provides a regulatory extract pertaining to eligibility criteria for awarding the Overseas Service Ribbon.  He states, in effect, that his 91 months of overseas service in Korea, Germany, and the Republic of Vietnam should qualify him for award of the Overseas Service Ribbon.

14.  Army Regulation 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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

15.  The applicant provides a regulatory extract pertaining to eligibility criteria for awarding the Army Service Ribbon.  He also provides a photo of a Basic Combat Training Platoon, his Infantry Officer Candidate Course Diploma, and his Military Police Officer Advanced Course Diploma.  He states that his time spent in the Basic Training course should qualify him for award of the Army Service Ribbon.

16.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This 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 upon successful completion of initial entry training.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record should be corrected to show award of the Meritorious Service Medal with First Oak Leaf Cluster, Presidential Unit Citation, Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon, Army Service Ribbon, Army Achievement Medal, and the Valorous Unit Award were carefully considered and determined to have partial merit.

2.  Evidence shows the applicant successfully completed a designated Noncommissioned Officer Professional Development Course on 10 May 1963.  Army Regulation 600-8-22 provides that graduates of Noncommissioned Officer Academy Courses conducted prior to 1976 for the Active Army and conducted prior to 1980 for Reserve Components will be awarded the Noncommissioned Officer Professional Development Ribbon retroactively.  Therefore, he is entitled to have his records corrected to show the Noncommissioned Officer Professional Development Ribbon.

3.  General Orders awarded the applicant's unit the Presidential Unit Citation.  Therefore, he is entitled to have his records corrected to show the Presidential Unit Citation.

4.  General Orders awarded the applicant's unit the Valorous Unit Award.  Therefore, he is entitled to have his records corrected to show the Valorous Unit Award.

5.  General Orders awarded the applicant the Meritorious Service Medal with First Oak Leaf Cluster.  Therefore, he is entitled to have his records corrected to show receipt of the Meritorious Service Medal with First Oak Leaf Cluster.

6.  Army Regulation 600-8-22 shows that the Army Achievement Medal is not an authorized conversion award.  This regulation also provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  The applicant retired from the Army on 31 October 1978 and did not serve on or after 1 August 1981.  There is no basis for granting the requested relief.  Therefore, he is not entitled to have his records corrected to show receipt of the Army Achievement Medal.

7.  Army Regulation 600-8-22 shows that the Overseas Service 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 on or after 1 August 1981.  The applicant retired from the Army on 31 October 1978 and did not serve on or after 1 August 1981.  There is no basis for granting the requested relief.  Therefore, he is not entitled to have his records corrected to show receipt of the Overseas Service Ribbon.

8.  Army Regulation 600-8-22 shows that the Army Service Ribbon 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.  The applicant retired from the Army on 31 October 1978 and did not serve on or after 1 August 1981.  There is no basis for granting the requested relief.  Therefore, he is not entitled to have his records corrected to show receipt of the Army Service Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  ___X___  ____X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual the Meritorious Service Medal with First Oak Leaf Cluster, Noncommissioned Officer Professional Development Ribbon, Presidential Unit Citation, and the Valorous Unit Award.


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 Army Achievement Medal, Overseas Service Ribbon, and Army Service Ribbon. 




      _______ _   X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080004977



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ABCMR Record of Proceedings (cont)                                         AR20080004977



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