IN THE CASE OF:	  

		BOARD DATE:	       18 FEBRUARY 2009


		DOCKET NUMBER:  AR20080016462 


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 son of a deceased former service member (FSM), requests that his late father’s DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1989 be corrected to show award of the Meritorious Service Medal, the Army of Occupation Medal with Germany Clasp, and a fourth award of the Overseas Service Ribbon (OSR).  He also requests that item 11 (Primary Specialty Number, Title and Years and Months in Specialty) of this DD Form 214 be corrected to show military occupational specialty (MOS) 05K (teletypewriter interceptor) and MOS 98G (voice interceptor); and that the entry, "Army Supervisor Unit Award" be corrected to show the Army Superior Unit Award.

2.  The applicant states, in effect, that the FSM’s last duty station was in Germany and that he traveled to Fort Belvoir, Virginia, solely for the purpose of his separation.  He contends that upon completing his final DD Form 214 and reviewing it, the FSM did not have the necessary documentation with him to correct the omitted items.  He contends that following the FSM’s military service he was plagued with health and emotional problems that left him unable to work or function normally, and ultimately contributed to his death.  He states that during the FSM’s lifetime his primary concern was for his health, not his service record.

3.  The applicant provides the FSM’s death certificate; award orders and a certificate for the Meritorious Service Medal; reassignment orders, dated 17 March 1981; a DA Form 67-8 (Officer Evaluation Report); a DA Form 2-1 (Personnel Qualification Record); a DA Form 3340 (Request for Regular Army Reenlistment or Extension); a DA Form 1698-R (Enlistment/Reenlistment Qualifying Application); a DA Form 4187 (Personnel Action); a DD Form 214 for the period ending 31 July 1989; and a DD Form 215 (Correction to DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 25 June 1969, served in MOS 05K, and was honorably discharged on 17 August 1971 for immediate reenlistment.

2.  The FSM's DD Form 214 for the period ending 17 August 1971 shows his MOS is 05K.

3.  The FSM reenlisted on 18 August 1971, served in MOS 05K and MOS 98G, and was honorably discharged on 17 May 1977 for immediate reenlistment.

4.  The FSM's DD Form 214 for the period ending 17 May 1977 shows his primary MOS is 98G and his secondary MOS is 05K.

5.  The FSM reenlisted on 18 May 1977 for a period of 3 years.  On 1 September 1977, he was appointed as a Reserve warrant officer one.

6.  The FSM’s DD Form 214 for the period covering 17 September 1985 through 31 July 1989 shows that he retired on 31 July 1989 in the rank of chief warrant officer two after completing over 20 years of creditable active service.

7.  Item 11 on the FSM’s DD Form 214 for the period ending 31 July 1989 shows the entry, "352K, Non-Morse Intercept Technician, 20 YRS, 01 MO//Nothing Follows."  This DD Form 214 shows the National Defense Service Medal, the Army Good Conduct Medal (3d Award), the Army Commendation Medal (3d Award), the Army Service Ribbon, three awards of the Overseas Service Ribbon, the Noncommissioned Officer Professional Development Ribbon, and the "Army Supervisor Unit Award" as authorized awards.

8.  Headquarters, U.S. Army Intelligence and Security Command, Permanent Orders 46-2, dated 22 May 1989, show the FSM received the Meritorious Service Medal for outstanding meritorious service for the period from 1 July 1979 to 1 July 1989.





9.  The applicant provided a DA Form 67-8 for the period from 16 November 
1980 through 22 March 1981 which shows the FSM was assigned to Company A, Field Station in Berlin, Germany.  The applicant also provided reassignment orders, dated 17 March 1981, which show the FSM was reassigned to Headquarters and Service Company, U.S. Army Field Station, Berlin, Germany, effective 23 March 1981.

10.  Item 5 (Oversea Service) on the FSM’s DA Form 2-1 shows that he served three tours in Germany (11 June 1971 through 5 November 1975, 1 November 
1977 to 29 January 1984, and 31 October 1985 through 30 October 1988) and one tour in Turkey for 12 months.  His DA Forms 67-8 (Officer Evaluation Report) for the periods covering 30 January 1984 through 23 July 1984 and from 24 July 1984 through 7 January 1985 show he was assigned to Headquarters and Headquarters Company, United States Army Field Station in Turkey.

11.  Item 9 (Awards, Decorations and Campaigns) on the FSM’s DA Form 2-1 shows entitlement to the "ARMY-SUPR-UNIT-AWD" (i.e., the Army Superior Unit Award).

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  The Army of Occupation Medal with Germany Clasp is also authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

13.  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 status on or after 1 August 1981.

14.  A Frequently Asked Questions document from the U.S. Army Human Resources Command contains information pertaining to the Overseas Service Ribbon.  The document states "Question 3:  Just noticed the change to the OSR criteria where the rule which prohibited the OSR being awarded if another campaign/service medal was given was rescinded.  Is this change retroactive?  




Answer:  Since the policy was eliminated, Soldiers who have received "normal overseas tour credit" for past deployments to designated areas in accordance with Army Regulation 614-30 (Overseas Service) may now have their records updated with the OSR."

15.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation, in effect at the time provided, in pertinent part, that for warrant officers, the four character MOS and a fifth character for special qualification identifier, if applicable, or an "0" with appropriate title and time in specialty would be entered in item 11.

16.  Army Regulation 600-8-22 does not show the "Army Supervisor Unit Award" as an authorized award.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the FSM received the Meritorious Service Medal.

2.  The FSM served a period of qualifying service in Berlin for award of the Army of Occupation Medal with Germany Clasp.

3.  Since the FSM was eligible for award of the Army of Occupation Medal with Germany Clasp at the time his DD Form 214 for the period ending 31 July 1989 was prepared, he was only eligible for three awards of the OSR.  However, since the rule which prohibited the OSR being awarded if another campaign/service medal was given was rescinded, the entries in item 5 on the FSM’s DA Form 2-1 which show he completed four overseas tours are accepted as sufficient evidence on which to amend his DD Form 214 for the period ending 31 July 1989 to show a fourth award of the OSR.

4.  Evidence of record shows the FSM's enlisted MOSs (i.e., MOS 05K and MOS 98G) were properly reflected on his enlisted DD Forms 214 for the periods ending 17 August 1971 and 17 May 1977.  Since the FSM was a warrant officer when he retired in 1989, and in accordance with the governing regulation, item 11 on his DD Form 214 for the period ending 31 July 1989 properly reflects his warrant officer MOS.  Therefore, there is no basis for granting the applicant's 






request to amend item 11 on the FSM's DD Form 214 for the period ending 31 July 1989.

5.  Since Army Regulation 600-8-22 does not show the "Army Supervisor Unit Award" as an authorized award, it would be appropriate to correct the entry, "Army Supervisor Unit Award " on the FSM’s DD Form 214 for the period ending 31 July 1989 to show the "Army Superior Unit Award."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  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 entry, "Army Supervisor Unit Award " in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) on his DD Form 214 for the period ending 31 July 1989; and

	b.  adding the Meritorious Service Medal, the Army of Occupation Medal with Germany Clasp, a fourth award of the Overseas Service Ribbon, and the Army Superior Unit Award to this DD Form 214.


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 amending item 11 on his DD Form 214 for the period ending 31 July 1989.



      _________________________
                 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)                                         AR20080016462



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016462



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1