IN THE CASE OF:	 

		BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20090021288 


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 records to show award of the Army Reserve Components Achievement Medal, Army Service Ribbon, and the Overseas Service Ribbon.  He also requests that his records show his correct service periods, military occupational specialty (MOS), and rank/grade.

2.  The applicant states, in effect, that he took the advice of the Army Board for Correction of Military Records (ABCMR) and contacted his Army National Guard (ARNG) unit to make correction to his records.  He claims they refused to make corrections to his records although he submitted documentation.  His enlistment dates are wrong, awards are missing, plus his MOS and rank are wrong as well.  He contends that he was promoted to the rank of sergeant and he was a supply sergeant at his last duty station.

3.  He also claims that when he was processed out of the Army at Fort Dix, NJ, he never took leave.  He doesn't feel he was properly compensated.  He was rushed out and he did not enter important information in the forms, such as his promotion and awards.  He is not worried about being compensated for his missed leave but would like to be reconsidered for the Army Reserve Components Achievement Medal because he meets the criteria of 4 years of ARNG service for this award.  He also states that he meets the criteria for award of the Army Service Ribbon and the Overseas Service Ribbon which can be made retroactive.  He served in Vietnam and received the campaign medal but he was sent to Europe and did not receive any kind of award. 

4.  He contends that the only reason he is bothering to request these corrections is because he has learned that he has lung cancer related to exposure to Agent Orange during his tour in Vietnam.  He wants to be buried in his dress blue uniform with all the awards he is entitled to.  He ends his requests by stating that he feels very confident and honored that the Board will do the appropriate thing and place them on a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) so that he can die like the Soldier that he is.

5.  The applicant provides a copy of his National Guard Bureau (NGB) Form 55 (Honorable Discharge Certificate) and a copy of his a 5-year Certificate of Service in the military forces of the State of New York.

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 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period from 15 December 1969 through 15 May 1972, as corrected by a DD Form 215, dated 20 April 1998, shows the applicant enlisted in the Regular Army (RA) on 15 December 1969 for 3 years.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Army Commendation Medal with one oak leaf cluster, 2 overseas service bars, Air Medal, Bronze Star Medal, Army Good Conduct Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal with three bronze service stars, Valorous Unit "Commendation," and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It also shows he served in Vietnam during the period 17 May 1970 through 16 May 1971.  On 15 May 1972, he was honorably REFRAD early to join the ARNG.
The DD Form 214 he was issued at the time of his REFRAD shows his rank/
grade as specialist four (SP4)/E-4 and his MOS as 76Y2O - Armorer/Supply Specialist.

3.  The applicant's NGB Form 22 (Report of Separation and Record of Service) shows he was honorably REFRAD on 21 May 1973 by reason of expiration term of service (ETS) and he was reverted to the U.S. Army Reserve (USAR) Control to complete his remaining Reserve obligation.  He was subsequently honorably discharged from the USAR on 1 December 1975.

4.  The applicant's records show that he enlisted the NYARNG on 4 April 1978 for a period of 4 years.  He was issued an NGB Form 22 on 3 April 1982.  Item 5 (Department, Component and Branch) shows his branch as armor.  Item 6a (Grade) shows sergeant and item 6b (Pay Grade) shows E-5.  Item 10 (Record of Service) shows the applicant was credited with 4 years of net service this period,
5 years, 11 months, and 17 days of prior service and 9 years, 11 months, and
17 days of total service for pay.  Item 13 (Primary MOS and Title) indicates he was a 19E (Armor Crewman).  Item 18 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period) shows he was awarded the National Defense Service Medal; New York State (NYS) Humanitarian Award; NYS Commendation Medal; NYS Aid to Civil Authorities Award; Army Commendation Medal, 2 awards; 2 Overseas Service Bars; Air Medal; Bronze Star Medal; Army Good Conduct Medal; Republic of Vietnam Campaign Medal with Device (1960); and the Vietnam Service Medal.  Item 21 (Signature of Person Being Separated) shows the applicant was not available for signature.

5.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) indicates he was to have served an "unaccompanied" tour of duty in Germany from 6 June 1971 through 4 December 1972.  However, he was REFRAD on 15 May 1972, 7 months early to join the ARNG.

6.  A copy of his NGB Form 22, dated 21 May 1973, shows in item 25 (Prior Service) the comment "Regular Army (RA) 15 December 1969 through 15 May 1972 Supply Clerk 76A10."

7.  The applicant indicates that some of his periods of service are incorrect.  He has not provided any information on which periods of service he is referring to.  Therefore, this portion of the request will not be further discussed.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  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 status on or after 1 August 1981.
9.  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 and the overseas service is not recognized with another U.S. service medal.

10.  Army Regulation 614-30 (Overseas Service), Table D-1 (Criteria for overseas tour lengths) in effect at the time, states, in pertinent part, that the standard overseas tour for Germany based on Congressional guidance was 
18 months for an unaccompanied tour.

11.  Army Regulation 614-30, Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states, in pertinent part, that a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour, and curtailment is for the convenience of the Government and through no request from or fault of the Soldier.

12.  Army Regulation 600-8-22 states the Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Between 3 March 1972 and 28 March 1995, the medal was authorized on completion of 4 years service with a Reserve Component unit.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes 
standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Army Service Ribbon, Overseas Service Ribbon, Army Reserve Components Achievement Medal and correction of his MOS.  He also states that he was promoted to the rank of sergeant and requests correction of his records to show this rank.  His contentions were carefully considered and are only partially supported by the evidence. 

2.  The applicant's NGB Form 22, dated 21 May 1973, shows he served as a Supply Clerk 76A1O.  This information was derived from a copy of his DD Form 214, dated 15 May 1972.  The entry on his DD Form 214 indicates this was his MOS during training.  He was later awarded MOS 76Y2O, which is indicated in item 23a (Specialty Number and Title); therefore, MOS 76Y2O should be shown on this NGB Form 22.
 
3.  The applicant's records indicate he was in an active status with the New York ARNG on or after 1 August 1981 and is entitled to the retroactive award of the Army Service Ribbon.  Therefore, his NGB Form 22 for the period ending
3 April 1982 should be corrected to show this award.

4.  The applicant records show he served a total of 4 years net service during the period 4 April 1978 and 3 April 1982.  His records also show he had 5 years, 
11 months, and 17 days of prior service.  However, there is no evidence that these were qualifying years which met the criteria for award of the Army Reserve Components Achievement Medal.  Therefore, there is no basis to grant this portion of the requested relief.   

5.  The applicant did not complete a normal tour of duty in Germany during his RA enlistment.  He departed Germany early because he voluntarily elected to accept a 7-month early release from active duty in order to join an ARNG unit.  Since curtailment of his tour resulted from his own request, he does not meet the eligibility criteria for award of the Overseas Service Ribbon.  Therefore, he is not entitled to this award.

6.  A copy of the applicant's NGB Form 22 for the period ending 3 April 1982 shows he was already credited with the rank/grade of sergeant (SGT)/E-5 at the time of his separation.  Therefore, the applicant's contention that his rank is wrong is not supported by his claims.

7.  The applicant contends that he never took any leave when he processed out of the Army and he was never compensated.  He also submits that he is not concerned about the compensation at this point.  There is no evidence of record and he has not provided any evidence that support this contention.  In the absence of corroborating evidence, there is no basis for granting this portion of the applicant's request.

BOARD VOTE:

__X_____  __X____  __X_____  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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by adding the Army Service Ribbon to item 18 of his NGB Form 22, dated 3 April 1982, and amending the MOS listed in item 25 of his NGB Form 22, dated 21 May 1973 to read "Armorer/Supply Specialist 76Y2O."

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 the Overseas Service Ribbon, the Army Reserve Components Achievement Medal, promotion to SGT/E-5, and compensation for leave.




      __________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)                                         AR20090021288



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ABCMR Record of Proceedings (cont)                                         AR20090021288



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