IN THE CASE OF:	

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080008899 


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 correction of his records to show award of the North Atlantic Treaty Organization (NATO) Medal, the Army Service Ribbon with Numeral 6, the Overseas Service Medal, the Outstanding Volunteer Service Medal, the Noncommissioned Officer (NCO) Professional Development Ribbon, the Army Superior Unit Award, the Presidential Unit Citation, and the Meritorious Unit Commendation.  

2.  The applicant states that he:

	a.  served five tours in Europe, thus entitling him to award of the NATO Medal;

   b.  served five tours in Europe and two tours in the Republic of Vietnam, thus entitling him to award of the Overseas Service Medal with Numeral 6;
   
   c.  received five honorable discharges and seven awards of the Good Conduct Medal, thus entitling him to award of the Army Service Ribbon;
   
   d.  served approximately 200 hours as the Voice of Democracy Chairman at the Veterans of Foreign Wars, Post 3383, in Akron, Ohio, from 1993 to 1995, and donated approximately 720 hours for student conflict resolution counseling while employed as a teacher in the Akron Public Schools, Akron, Ohio, from 1991 to 2001, thus entitling him to award of the Outstanding Volunteer Service Ribbon;

   e.  graduated from the Seventh Army Noncommissioned Officer Academy at Bad Tolz, Germany, in 1967, thus entitling him to award of the NCO Professional Development Ribbon;

	f.  he served with the 191st Ordnance Battalion from 1971 to 1972 in the Republic of Vietnam, thus entitling him to award of the Army Superior Unit Award; and

   g.  he served with the 2nd Battalion, 30th Infantry, 3rd Infantry Division, Germany, from 1974 to 1976, this entitling him to awards of the Presidential Unit Citation and the Meritorious Unit Commendation.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Letter, dated 2 January 2001, to the U.S. Army Cadet Command, regarding his eligibility to the above awards;

	b.  Orders 007-16, dated 7 January 1981, Separation Orders;

	c.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 May 1981;

	d.  Citation Certificate from the Ohio Bureau of Employment Services, dated 21 August 1992;

	e.  Copy of his Social Security Card; and

	f.  Extract of a book titled “NCO Guide,” by C.O. Kates, U.S. Army (Retired).

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 records show he initially enlisted in the Regular Army on 24 June 1959.  He was trained in military occupational specialty (MOS) 411.10 (Ammunition Storage Specialist), attained the rank/grade of specialist four (SP4)/E-4, and was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group on 14 June 1962.

3.  After a short break in service, the applicant enlisted in the Regular Army on 30 January 1963.  He subsequently executed a series of extensions and/or reenlistments in the Regular Army and was placed on the Retired List in his retired rank/grade of sergeant first class (SFC)/E-7 on 1 June 1981.  He was credited with over 21 years, 3 months, and 22 days of creditable active military service. 

4.  The applicant’s records show he completed seven foreign service tours as follows:  Germany, November 1960 to June 1962; Italy, March 1963 to March 1966; Germany, April 1967 to December 1968; Republic of Vietnam, June 1969 to June 1970 and April 1971 to April 1972; and Germany, April 1974 to July 1976 and November 1978 to March 1981.

5.  The applicant’s records also show he held two other specialties: MOS 71D (Legal Clerk) and MOS 75Z (Personnel Senior Sergeant).  He completed a         4-week NCO Academy Course in 1967 and a 5-week Senior Personnel Sergeant Course in 1978

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Commendation Medal, the Good Conduct Medal (7th Award), the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Vietnam Gallantry Cross with Palm Unit Citation, four Overseas Service Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  The NATO Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization (NATO) to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  The following missions/operations have been approved by the Secretary of Defense, for acceptance and wear:

   a.  Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined).
   
   b.  Operations related to Kosovo (13 October 1998 to a date to be determined).
   c.  Operation EAGLE ASSIST (12 October 2001 to 16 May 2002).

   d.  Operation ACTIVE ENDEAVOR (26 October 2001 to a date to be determined).

   e.  International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined).

   f.  Operations in the Balkans (1 January 2003 to a date to be determined).

8.  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.

9.  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.

10.  Army Regulation 600-8-22 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 NCO professional development courses.  The regulation governing this award 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.  Acceptable evidence of graduation is a diploma, certificate, or a letter signed by an appropriate service school official.



11.  Army Regulation 600-8-22 provided that the Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components (emphasis added), who subsequent to
31 December 1992, perform outstanding volunteer community service of a sustained, direct and consequential nature.  To qualify for award of the Military Outstanding Volunteer Service Medal a Soldier’s volunteer service must meet the following requirements:  (1) be to the civilian community, to include the military family community; (2) be significant in nature and produce tangible results;
(3) reflect favorably on the Military Service and the Department of Defense; and (4) be of a sustained and direct nature.

12.  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. 

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  Circumstances may be deemed to be extraordinary when they do not represent the typical day-to-day circumstances under which the unit normally performs, or may reasonably be expected to perform, its peacetime mission.   

14.  Army Regulation 600-8-22 in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

15.  The Military Awards Branch website of the Army Human Resources Command, Alexandria, VA, shows that the 191st Ordnance battalion was awarded the Army Superior Unit Award during the period 21 may 2001 to 20 May 2002, based on the Department of the Army General Order 9, dated 19 November 2005.  Furthermore, there is no indication that the 2nd Battalion, 3rd Infantry was awarded the Presidential Unit Citation or the Meritorious Unit Commendation.





DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the NATO Medal, there is no evidence that the applicant served a qualifying period for award of the NATO Medal, or participated in a designated NATO operation or mission that was approved by the Secretary of Defense for acceptance and wear of the NATO Medal.  Therefore, there is insufficient evidence to award the applicant the NATO Medal.

2.  The Army Service Ribbon was established on 10 April 1981.  Effective 1 August 1981, all members of the Active Army 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.  The applicant was retired on 1 June 1981 and did not have an Active Army status on or after 1 August 1981; therefore, he does not meet the criteria for award of the Army Service Ribbon.

3.  The Overseas Service Ribbon was established on 10 April 1981.  Effective 1 August 1981, all members of the Active Army 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.  The applicant was retired on 1 June 1981 and did not have an Active Army status on or after 1 August 1981; therefore, he does not meet the criteria for award of the Overseas Service Ribbon.

4.  The Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components, who subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct, and consequential nature.  The applicant retired on 1 June 1981 and although he remains a member of the military family, he is no longer an active member of Armed Forces and thus does not meet the criteria for award of the Military Outstanding Volunteer Service Medal.

5.  The evidence of record shows that the 191st Ordnance Battalion was awarded the Army Superior Unit Award from 21 May 2001 to 22 May 2002; however, the applicant retired on 1 June 1981 and was not a member of the unit at the time of this award.  Therefore, he does not meet the criteria for award of the Army Superior Unit Award


6.  There is no evidence that the 2nd Battalion, 30th Infantry was awarded the Presidential Unit Citation or the Meritorious Unit Commendation, or that the applicant was assigned to any other unit that was awarded the Presidential Unit Citation or the Meritorious Unit Commendation Award; therefore, he does not meet the criteria for award of the Presidential Unit Citation or the Meritorious Unit Commendation.

7.  With respect to award of the NCO Professional Development Ribbon, the applicant’s records show he completed an NCO Course; however, the applicant did not provide acceptable evidence of graduation such as a diploma, certificate, or a letter signed by an appropriate service school official as required by regulatory guidance.  Therefore, there is insufficient evidence to award the applicant the NCO Professional Development Ribbon in this case.  

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
      
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)                                         AR20080008899



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008899



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1