BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090008440 


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 record to show receipt of the Over-seas Service Ribbon, the Army Service Ribbon, and the Noncommissioned Officer Professional Development Ribbon.

2.  The applicant states that he is entitled to award of the Overseas Service Ribbon, the Army Service Ribbon, and the Noncommissioned Officer Profes-sional Development Ribbon retroactively in accordance with the provisions of Army Regulation 600-8-22 (Military Awards).

3.  The applicant provides a DD Form 214 (Report of Separation from Active Duty), dated 25 March 1977; a National Guard Bureau (NGB) Form 55A (Honorable Discharge Certificate - Army National Guard), dated 30 September 1977; and a NGB Form 22 (Report of Separation and Record of Service), dated 
1 June 1980, as documentary evidence in support of this application. 

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 enlisted in the Delayed Entry Program on 15 October 1971.  He enlisted in the Regular Army and entered active duty on 29 December 1971.  The applicant completed basic combat and advanced individual training and was awarded military occupational specialty 95B (Military Policeman).  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 25 March 1977 and transferred to the U.S. Army Reserve Control Group (Standby) for completion of his military service obligations. 

3.  The applicant's record contains a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) rendered for the period of 29 December 1971 through 26 March 1974.  Item 11b (Station or Installation at Which Effected) of this form shows the applicant reenlisted while assigned to William O. Darby Kaserne, located in Fuerth, Germany.  Item 22c (Foreign and/or Sea Service) shows he served 1 year, 9 months, and 19 days in a foreign location.  Item 30 (Remarks) shows his overseas service was in Germany.

4.  Item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 26 March 1974 shows award of the National Defense Service Medal.  This form does not show award of the Overseas Service Ribbon, the Army Service Ribbon, or the Noncommissioned Officer Professional Development Ribbon.

5.  The applicant's record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 12 March 1976, which shows he successfully comple-ted the Noncommissioned Officer Basic Course conducted by the U.S. Army Military Police School on 27 February 1976.

6.  The applicant's record contains (and he also provides a copy of) a DD Form 214 rendered for the period of 27 March 1974 through 25 March 1977.  Item 18f (Foreign and/or Sea Service This Period) of this form shows he served 1 year, 5 months, and 7 days in a foreign location.  Item 27 (Remarks) shows his over-seas service was in Germany.  Item 27 also shows he successfully completed the Noncommissioned Officer Education System Basic Course in 1976.


7.  Item 26 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 25 March 1977 shows award of the National Defense Service Medal, the Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (38 Caliber).  This form does not show award of the Overseas Service Ribbon, the Army Service Ribbon, or the Noncommissioned Officer Professional Development Ribbon.

8.  The applicant provides an NGB Form 55a which shows he was honorably discharged from the Army National Guard of California on 30 September 1977.

9.  The applicant provides an NGB Form 22 which shows he was honorably discharged from the Army National Guard of Texas and the Reserve of the Army after serving the period of 1 October 1977 through 1 June 1980.

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.  This regulation 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.

11.  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.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show the Over-seas Service Ribbon, the Army Service Ribbon, and the Noncommissioned Officer Professional Development Ribbon.  Each of these contentions was carefully considered.

2.  Evidence shows that the applicant completed the Noncommissioned Officer Basic Course conducted by the U.S. Army Military Police School on 27 February 1976 while serving on active duty in the Regular Army.  Therefore, the applicant is entitled to have his record corrected to show receipt of the Noncommissioned Officer Professional Development Ribbon.

3.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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.  Evidence clearly shows the applicant did not serve in an active status after 1 June 1980.  Therefore, he is not entitled to have his records corrected to show receipt of the Army Service Ribbon.

4.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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.  Evidence clearly shows the applicant did not serve in an active status after 1 June 1980.  Therefore, he is not entitled to have his records corrected to show receipt of the Overseas Service Ribbon.

5.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement as pertains to award of the Army Service Ribbon or the Overseas Service Ribbon.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.







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 Item 26 of the applicant's DD Form 214 for the period ending 25 March 1977 be corrected by adding the Noncommissioned Officer Professional Development Ribbon.

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 Service Ribbon and the Overseas 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)                                         AR20090008440





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ABCMR Record of Proceedings (cont)                                         AR20090008440



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