IN THE CASE OF:	  

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090011898 


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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two foreign service awards, his second foreign service tour, two Army Achievement Medals, the Expert Marksmanship Qualification Badge with Pistol Bar, and the unit citation medals for the 9th Infantry Division.

2.  The applicant states, in effect, that his second DD Form 214 is missing a second foreign service award, a second foreign service tour, the Expert Marksmanship Qualification Badge with Pistol Bar, two Army Achievement Medal awards, and unit citation medals for the 9th Infantry Division.  He states he is joining the Honor Guard at his local Veterans of Foreign Wars (VFW) post and he would like to display his authorized awards, medals, and badges on his uniform.

3.  The applicant provides a copy of his DD Form 214 with a separation date of 9 October 1990 in support his 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.  A review of the applicant's records shows that it contains a DA Form 2-1 (Personnel Qualification Record [PQR]), dated 10 May 1990, that shows in Item 5 (Overseas Service) that he completed two foreign service tours with U.S. Army, Europe in Germany.  The first overseas service tour was from 6 January 1983 to 4 June 1985 and the second tour was from 22 October 1987 to 8 October 1990.

3.  The applicant requested that his second DD Form 214 be corrected to show his second foreign service tour.  His first DD Form 214 for the period ending on 12 July 1985 shows he completed 2 years, 4 months, and 29 days of foreign service during his period of service from 13 July 1982 to 12 July 1985.  His second DD Form 214 for the period ending on 9 October 1990 shows he completed 2 years, 11 months, and 17 days of foreign service during his second period of service from 12 November 1985 to 9 October 1990.  His two DD Forms 214 show his foreign service tour lengths that he completed during his two respective periods of active service.  Therefore, this portion of the applicant's request will not be further discussed in these Proceedings.

4.  The applicant enlisted in the Regular Army (RA) on 13 July 1982.  He successfully completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 72E (Combat Telecommunications).

5.  Headquarters, 7th Signal Battalion, Permanent Orders 10-2, dated 19 April 1985, awarded the applicant the Army Achievement Medal for meritorious service for the period 8 January 1983 to 8 August 1985.

6.  The applicant was honorably released from active duty on 12 July 1985 by reason of completion of his term of service.  He was transferred to the 316th Hospital, Harrisburg, PA, a U.S. Army Reserve (USAR) unit, to complete his remaining Reserve obligation.  He was issued a DD Form 214 that shows he served on active duty for 3 years during this period of service.

7.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 12 July 1985 shows the following awards:  Sharpshooter Marksmanship Qualification Badge Rifle (M-16) Bar, Army Good Conduct Medal, Army Service Ribbon, and the Overseas Service Ribbon.
8.  After a short period in the USAR, the applicant enlisted in the RA on
12 November 1985 for a period of 3 years.  He was reclassified and awarded MOS 31C (Single Channel Radio Operator).  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.

9.  9th Personnel Service Company, Fort Lewis, WA, Permanent Orders 172-8, dated 21 September 1987, awarded the applicant the Army Achievement Medal (First Oak Leaf Cluster) for meritorious service for the period 11 March 1965 to
21 September 1987.

10.  Item 9 (Awards, Decorations & Campaigns) of the same PQR shows he was awarded the Army Service Ribbon, Army Good Conduct Medal (2nd Award), Overseas Service Ribbon (1st Award), and the Sharpshooter Marksmanship Qualification Badge with Rifle ( M-16) and Grenade Bars.  There is no entry on his PQR to show that the applicant received the Expert Marksmanship Qualification Badge with Pistol Bar nor is there evidence of a memorandum, letter, or roster in the applicant's record to show he was awarded this qualification badge.

11.  Item 35 (Record of Assignment) of the same PQR shows he was assigned to Company A, 9th Signal Battalion, 9th Infantry Division from 10 March 1986 to 18 September 1987.

12.  He completed his second enlistment period and he was honorably discharged on 9 October 1990 upon the expiration of his term of service.  He was issued a DD Form 214 that shows he served on active duty for this period of service for 4 years, 10 months, and 28 days during this period of service.

13.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 9 October 1990, shows the following awards: the Army Service Ribbon, Army Good Conduct Medal (2nd Award), Overseas Service Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

14.  Army Regulation 600-8-22 (Military Awards) 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 when credited with a normal overseas 
tour completion according to Army Regulation 614-30 (Overseas Service).  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.

15.  Army Regulation 614-30 prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Table D-1 of the regulation lists overseas tour length.  The standard overseas tour based on Congressional guidance is
36 months for Soldiers accompanied by family members and 24 months for unaccompanied Soldiers.  Tour curtailments are authorized for separation of Soldiers who have reached their expiration of their tour of service (ETS), retirement, elimination, or an approved early release from tour length requirements. 

16.  Chapter 8 of Army Regulation 600-8-22, currently in effect, states that the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified [emphasis added] in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.  Approval of marksmanship qualification badges may be announced via memorandum, letter, roster, or other locally devised form.

17.  Army Regulation 640-2-1 (Personnel Qualification Records) in effect at the time, provides for the entry of U.S. marksmanship qualification badges in item 9 (Awards, Decorations & Campaigns) of the DA Form 2-1.  A separate entry is made for each weapon in which a Soldier qualifies, the degree in which the Soldier qualified, and the date of the award will be entered in pencil and updated as subsequent awards are earned.  When the Soldier is no longer required to participate in weapons qualification firing, the latest entry pertaining to each award will be made permanent.

18.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, that commanders and personnel officers will determine or establish eligibility of individual Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This pamphlet shows that the 9th Signal Battalion, 9th Infantry Division was awarded the Meritorious Unit Commendation for the period service from 19 December 1967 to 18 June 1968 by publication of Department of the Army General Order (DAGO) Number 43, dated 1969 and for a second period of service from 1 July 1968 to 24 January 1969 by publication of DAGO Number 3, dated 1974.

19.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) provides, in pertinent part, that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or who was attached by competent orders to, and present for duty with the unit during the entire period, or for at least 30 consecutive days of the period cited.  A Soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.  Soldiers may wear the unit award only while assigned to the cited unit.

DISCUSSION AND CONCLUSIONS:

1.  Official permanent orders awarded the applicant the Army Achievement Medal (First Oak Leaf Cluster).  Therefore, the applicant is entitled to have his record corrected to show this award.

2.  Based on the evidence of record, the applicant successfully completed two overseas service tours.  Therefore, he is entitled to have his record corrected to show the Overseas Service Ribbons with Numeral 2.

3.  There is no record of evidence and the applicant did not provide any evidence to show he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

4.  The applicant contends that his record should be corrected to show all 9th Infantry Division unit citation medals.  Regulatory guidance shows that the 9th Signal Battalion was awarded the Meritorious Unit Commendation for its exceptionally meritorious conduct in the performance of outstanding services during a period of military operations against an armed enemy.  This unit received two Meritorious Unit Commendations during combat operations in the Republic of Vietnam.  

5.   Based on the evidence of record, the applicant was assigned to Company A, 9th Signal Battalion, 9th Infantry Division during the period from 10 March 1986 to 18 September 1987.  Therefore, he is not entitled to a correction of his records to show the Meritorious Unit Commendation for he did not serve with the unit during a time period when its members are entitled to permanently wear the Meritorious Unit Commendation on their uniforms. 

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 from item 13 of his DD Form 214 for the period 9 October 1990 the Overseas Service Ribbon; and

   b.  adding to item 13 of his DD Form 214 for the period ending 9 October 1990 the Army Achievement Medal (First Oak Leaf Cluster) and the Overseas Service Ribbon with Numeral 2.

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 Expert Marksmanship Qualification Badge with Pistol Bar and 9th Infantry Division unit citations.



      __________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)                                         AR20090011898



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ABCMR Record of Proceedings (cont)                                         AR20090011898



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