IN THE CASE OF:
BOARD DATE: 18 November 2008
DOCKET NUMBER: AR20080014784
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, the widow of the deceased former service member (FSM), requests, in effect, correction of her late husbands military records to show award of the Army Service Medal [Ribbon] and all other awards and decorations.
2. The applicant states, in effect, that the FSMs Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) does not show award of the Army Service Ribbon or any other awards.
3. The applicant provides copies of the FSMs DD Form 214, marriage certificate, and death certificate.
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. On 25 March 1957, the FSM was inducted into the Army of the United States for 2 years. He completed basic combat training at Fort Chaffee, Arkansas, and was subsequently assigned to Fort Hood, Texas, for training in military occupational specialty (MOS) 510.00 (Construction Helper). There is no available evidence showing that he completed this MOS training.
3. On 9 August 1957, the FSMs commander recommended his early separation from military service. The commander stated that the FSM was a willing worker, but he required constant supervision on all but the routine duties. The appropriate authority approved the recommendation.
4. On 6 September 1957, the FSM was discharged. He was given an honorable characterization of service and had completed 5 months and 12 days of active duty service.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSMs DD Form 214 shows the entry "None."
6. 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. 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.
7. Further review of Army Regulation 600-8-22 failed to show any other awards to which the FSM may have been entitled or authorized during the period of his active duty service.
DISCUSSION AND CONCLUSIONS:
1. The FSM did not serve on active duty during a period authorized award of the Army Service Ribbon. Therefore, the applicants request for award of this ribbon should be denied.
2. A review of Army Regulation 600-8-22 failed to show any other awards to which the FSM may have been entitled or authorized during the period of his active duty service.
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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080014784
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