IN THE CASE OF:	  

		BOARD DATE:	  20 NOVEMBER 2008

		DOCKET NUMBER:  AR20080014374 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his award of the Army Commendation Medal (4th Oak Leaf Cluster), the Armed Forces Service Medal, and the Noncommissioned Officer Professional Development Ribbon.

2.  The applicant states, in effect, that he was awarded the Army Commendation Medal (4th Oak Leaf Cluster) on 5 May 1988 and that Permanent Orders 15-2 were not forwarded to the US Army Enlisted Records and Evaluation Center for appropriate action.  He also states that he believes he is entitled to award of the Armed Forces Service Medal and the Noncommissioned Officer Professional Development Ribbon.  

3.  In support of his application, the applicant provides copies of Permanent Orders 15-2 and his DD Form 214.

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 military records show he enlisted in the Regular Army, in pay grade E-1, on 6 April 1965.  He completed training and was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).  During the course of his military career he was also awarded MOS 63C (Track Vehicle Mechanic), 76Y (Unit Supply Specialist), and 00J (Club Manager). 

3.  The applicant submitted a copy of Permanent Orders 15-2, dated 5 May 1988, which awarded the Army Commendation Medal (4th Oak Left Cluster) to the applicant for meritorious achievement on 13 March 1988.  This award is not shown on his DD Form 214.

4.  Entries on the applicant's Personnel Qualification Record – Part II, Item 17 (Civilian Education and Military School), do not show he was a graduate of any Noncommissioned Officer Academy Course during his period of service.

5.  The applicant was honorably released from active duty in pay grade E-7 on
31 August 1988 for the purpose of retirement.  He was subsequently transferred to the U.S. Army Reserve (USAR) Control Group (Retired).

6.  Entries on the DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the Army Service Ribbon, the Army Commendation Medal (3rd Oak Leaf Cluster), the Army Achievement Medal (1st Oak Leaf Cluster), the National Defense Service Medal, the Driver and Mechanic Badge with Driver-W Bar, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Overseas Service Ribbon (4), two Overseas Service Bars, the Republic of Vietnam Cross of Gallantry with Palm Unit Citation, the Meritorious Service Medal, and the Army Good Conduct Medal (7th Award).

7.  The applicant was issued a DD Form 215 (Correction to DD Form 214), dated 16 May 1990, amending Items 12a,b,c, and d of his Record of Service and adding his 1984 immediate reenlistment date to Item 18 (Remarks).

8.  The applicant was also issued a DD Form 215, dated 26 June 2006, deleting the Vietnam Service Medal and adding his award of the Korea Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

9.  Army Regulation 600-8-22 (Military Awards) provides the Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, medals, badges, ribbons, and similar devices awarded in recognition of accomplishments.  Paragraph 2-21 provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria:  (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation. 

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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Army Commendation Medal (4th Oak Leaf Cluster) for meritorious achievement on 13 March 1988.  This award is not shown on his DD Form 214; therefore, it would be appropriate to add this award to his DD Form 214.

2.  The evidence confirms that the applicant completed his career prior to the period established for award of the Armed Forces Service Medal.  He is therefore not entitled to this award and its addition to his DD Form 214.

3.  The evidence does not confirm that the applicant was a graduate of any Noncommissioned Officer Academy Courses for entitlement to award of the Noncommissioned Officer Professional Development Ribbon.  He is therefore not entitled to this award and its addition to his DD Form 214.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.


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:

   a.  deleting the Army Commendation Medal (3rd Oak Leaf Cluster) from his DD Form 214;
   
   b.  adding the Army Commendation Medal (4th Oak Leaf Cluster) to the list of awards shown on his DD Form 214; and
   
   c.  providing him a correction to his DD Form 214 that includes this 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 Armed Forces Service Medal and the Noncommissioned Officer Professional Development Ribbon and their addition to his DD Form 214.



      ________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)                                         AR20080014374



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ABCMR Record of Proceedings (cont)                                         AR20080014374


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