BOARD DATE: 25 May 2010
DOCKET NUMBER: AR20090020687
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 reconsideration of his earlier petition to correct his record to show award of the National Defense Service Medal (NDSM), Army Reserve Components Achievement Medal (ARCAM), Armed Forces Service Medal (AFSM), and Overseas Service Ribbon (OSR).
2. The applicant questions the rationale for establishing limited dates and/or periods for which the NDSM, ARCAM, and AFSM are authorized given the service of Soldiers during the Cold War. He indicates his request may seem petty, but to the men and women who served, these awards offer a small recompense for their patriotism and service to this great country. The applicant also states his request for the OSR was not answered by the Board.
3. The applicant provides a self-authored statement and magazine articles related to Cold War service in support of his request.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090009307, dated 14 October 2009.
2. The applicant now provides what appear to be four pages of various magazine articles related to Cold War service as new evidence which requires reconsideration of his previous case.
3. During the original review, the Board determined the applicant did not meet the established regulatory criteria to qualify for award of the NDSM, ARCAM, and AFSM.
4. The applicants military records show he enlisted in the Regular Army (RA) on 7 February 1958. He was awarded and served in military occupational specialty (MOS) 111.17 (Light Weapons Infantryman).
5. The applicants DA Form 20 (Enlisted Qualification Record) shows in
Item 29 (Foreign Service) he served in Korea from 29 October 1959 to
13 November 1960.
6. On 9 December 1960, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to him at the time shows he completed 2 years, 10 months, and 2 days of creditable active service and he earned the Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars and Parachutist Badge during his active duty tenure.
7. On 16 December 2009, the Army Review Boards Agency, St. Louis (ARBA-St. Louis) issued the applicant a DD Form 215 (Correction to the DD Form 214) as a result of previous action taken by this Board. It shows the Korea Defense Service Medal and Army Good Conduct Medal were added to the applicants record and DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The following paragraphs outline the eligibility criteria for the awards indicated:
a. Paragraph 2-10 (NDSM) - is awarded for service during the following qualifying periods: 27 July 1950 through 27 July 1954; 1 January 1961 through 14 August 1974; 2 August 1990 through 30 November 1995; and 11 September 2001 to a date to be determined. It is not authorized for any other periods;
b. Paragraph 2-27 (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 United States military units, in a United States military operation that is deemed to be a significant activity. It is not authorized for service prior to 1 June 1992;
c. Paragraph 4-4 (ARCAM) - is authorized for completion of 4 years of Reserve service during the period 3 March 1972 through 27 March 1995. Effective 28 March 1995, it is authorized for completion of 3 years of qualifying service. There are no provisions allowing its award for periods prior to 3 March 1972; and
d. Paragraph 5-4 (OSR) - is authorized to members who were in an active military status as of 1 August 1981, for completion of an overseas tour. There are no provisions allowing for retroactive award for members who were not in an active status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention his record should include the NDSM, ARCAM, AFSM, and OSR has been carefully considered. However, the evidence does not support this claim.
2. The available evidence shows the applicant was separated from active duty in 1960 prior to any of the above awards were established. Further, none of these awards are authorized to be awarded retroactively. As a result, the applicant does not satisfy the regulatory criteria necessary to qualify for any of the awards unless the guidelines/regulation changes.
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 to amend the decision of the ABCMR set forth in Docket Number AR20090009037, dated 14 October 2009.
_______ _ _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.
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