IN THE CASE OF:	  

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090012149 


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, award of the Armed Forces Service Medal (AFSM), Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), and Expert Marksmanship Qualification Badge.  He also requests award of the following commemorative medals: North Atlantic Treaty Organization (NATO) Service, U.S. Army, Honorable Service,  American Defense, Cold War Victory, and Overseas Service.

2.  The applicant states, in effect, that he believes he is eligible for the awards in question. 

3.  The applicant provides no documentation in support of 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.  The commemorative medals requested by the applicant are not authorized Army awards or decorations and there are no regulatory provisions for their award or posting on military records.  These medals may be commercially produced and available through unofficial channels.  However, their award is not within the purview of the Army or this Board.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant’s record shows he enlisted in the Regular Army (RA) on 19 April 1962.  He was trained in, awarded, and served in military occupational specialty (MOS) 131.20 (Armor Crewman).  He served for a period of 3 years until being honorably discharged on 18 April 1965 by reason of expiration of term of service.

4.  The DD Form 214 he was issued upon his discharge on 18 April 1965 shows, in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he earned the following awards during his active duty tenure:  Marksman Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Machinegun and Pistol Bars.

5.  The applicant's record is void of any orders or other documents showing he qualified as an expert with any authorized weapon and/or qualified to be awarded the Expert Marksmanship Qualification Badge.

6.  On 19 April 1965, the applicant reenlisted in the RA for a period of 3 years.  He was trained in, awarded, and served in MOS 74C (Personnel Accounting Specialist) and the highest rank/grade he attained while serving on active duty was staff sergeant (SSG)/E-6.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows, in item 31 (Foreign Service), that he completed two overseas tours in Germany, the first from 10 September 1962 through 4 August 1964 and the second from 
27 January 1966 through 18 March 1968.  Item 41 (Awards and Decorations) shows he earned the following awards: Army Good Conduct Medal (AGCM)
(1st award), National Defense Service Medal (NDSM), Sharpshooter Marksmanship Qualification Badge with Pistol and Machinegun Bars, and Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  On 19 March 1968, the applicant was honorably discharged in the rank of SSG after completing a total of 5 years, 11 months, and 1 day of active military service, of which 4 years and 19 days was served overseas.


9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for the period ending 19 March 1968 shows he earned the following awards: Sharpshooter Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, and Army Good Conduct Medal.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-21 contains guidance on the AFSM.  It states, in pertinent part, that the AFSM is awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate or have participated as members of U.S. military units in a U.S. military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.

11.  Paragraph 5-4 of the awards regulations shows that the OSR 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.

12.  Paragraph 5-5 of the same regulation shows that the ASR 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is eligible for the OSR, ASR, and AFSM was carefully considered.  However, in order to qualify for the OSR and ASR, a member had to be serving in an active Army status on or after 1 August 1981.  To qualify for the AFSM, a member had to be serving in an active Army status on or after 1 August 1992.  Therefore, given the applicant was last discharged on
19 March 1968, and never served in an active Army status subsequent to that date, he does not meet the regulatory criteria necessary to be eligible for these awards.

2.  The applicant's contention that he is eligible for an Expert Marksmanship Qualification Badge was also carefully considered.  However, the evidence of record fails to show and the applicant did not provide any independent evidence to show he ever qualified as an expert with any authority weapon.  As a result, there is also an insufficient evidentiary basis to support granting this portion of the requested relief. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20090012149



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ABCMR Record of Proceedings (cont)                                         AR20090012149



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