IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100009717


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Overseas Service Ribbon (OSR) and the Army Superior Unit Award (ASUA).

2.  The applicant states the following:

   a.  other members of his unit (44th General Hospital) who served with the
2nd General Hospital in Germany during their deployment received the OSR and ASUA;

   b.  he likewise deployed in support of Operation Desert Storm (ODS) from January to May 1991 and he served as a Medical Corps physician at the
2nd General Hospital;

   c.  because of the rapid out-processing of those Soldiers separating from the service upon return to the United States, an error occurred resulting in the OSR and ASUA being omitted from his DD Form 214; and

   d.  he indicates he was previously awarded the Army Reserve Components Overseas Training Ribbon (ARCOTR) for working at the U.S. Army Hospital in Nurnberg, Germany in 1990.


3.  The applicant provides the following documents:

* DD Form 214 for the period ending 17 May 1991
* reassignment, active duty, and attachment orders
* letter, dated 26 July 1990
* ASUA Certificate for the period 12 August 1990 to 1 April 1991, dated
15 October 1991

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 military record contains a copy of Headquarters, 86th U.S. Army Reserve Command, Forest Park, IL, Orders 3-01, dated 6 January 1991, which ordered the members of the 44th General Hospital, Madison, WI [applicant's unit] to active duty in support of Operation Desert Shield/Storm.

3.  On 8 January 1991, the applicant entered active duty in the rank of major (MAJ) for a period of 180 days.

4.  On 16 January 1991, Headquarters, 21st Replacement Battalion, issued Orders 016-514.  These orders show that the applicant was attached for duty with the 2nd General Hospital at Landstuhl, Germany, effective 16 January 1991.

5.  The applicant’s DA Form 2-1 (Personnel Qualification Record) contains two entries in item 5 (Oversea Service) which show he served in the Republic of Vietnam (RVN) from 1 July 1970 through 4 May 1971 and in Germany from
15 January through 30 April 1991.  Item 9 (Awards, Decorations, and Campaigns) shows the OSR is included among the list of awards thereon.  A DA Form 66 (Officer Qualification Record) shows the applicant was assigned to the U.S. Army Transportation Terminal Unit (USA-TTU) during his tour in the RVN.

6.  Department of the Army General Orders Number 6, dated 31 January 1992, awarded the ASUA to the 2nd General Hospital for the period 18 August 1990 through 11 April 1991.

7.  On 17 May 1991, the applicant was honorably released from active duty (REFRAD) after completing 4 months and 9 days net active service this period.  The DD Form 214 issued at that time shows, in Item 12f (Foreign Service), that the applicant completed 3 months and 15 days of overseas service.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
17 May 1991 includes the following list of awards:

* Army Service Ribbon
* National Defense Service Medal with bronze service star
* Republic of Vietnam Campaign Medal with Device 1960
* Vietnam Service Medal
* Bronze Star Medal
* Army Reserve Components Overseas Training Ribbon

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Counteroffensive, Phase VII campaign that extended from 1 July 1970 - 30 June 1971.

10.  Army Regulation 600-8-22, paragraph 5-3, provides guidance for the award of the ARCOTR.  It states that it is awarded to members of the Reserve Components of the Army (Army National Guard and U.S. Army Reserve), for successful completion of annual training (AT) or active duty for training (ADT) for a period not less than 10 consecutive duty days on foreign soil.  ARNG and USAR Soldiers who accompany the RC unit (including unit cells) to which they are assigned or attached as full-time unit support (FTUS) during overseas training are also eligible for the award.  Numerals will be used to denote second and subsequent awards of the ARCOTR.

11.  Army Regulation 600-8-22, paragraph 5-4, contains guidance on the OSR.  It states the OSR 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 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.

12.  Army Regulation 600-8-22 states the ASUA was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award.

13.  Army Regulation 614-30 (Overseas Service) provides policy and guidance on the eligibility and selection criteria for overseas service and establishment of tour lengths for overseas areas.  Table 3-2 contains guidance on award of tour credit and states that if a Soldier is in a unit on temporary duty (TDY) and completes one or more oversea deployments with a minimum of 11 cumulative months in a temporary change of station (TCS)/TDY status with the unit within 36 months, credit is granted for a completed short tour and award.

14.  Army Regulation 614-30, Table B-1 lists overseas tour lengths by area.  It states that the normal with dependents tour in Germany is 36 months and the normal all others tour length is 24 months.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the OSR and ASUA.

2.  The available evidence shows that the applicant's unit was awarded the ASUA during the time of his assignment to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  The evidence of record also shows that based on the applicant’s RVN service and campaign participation, he is entitled to the RVN Gallantry Cross with Palm Unit Citation and one bronze service star for wear on his already-awarded VSM.  Therefore, his record should be corrected accordingly.

4.  By regulation, effective 1 August 1981, the OSR was awarded for successful completion of an oversea tour.  The normal tour for oversea service in Germany is 36 months with dependents, 24 months for an all others tour, and a minimum of 11 cumulative months in a TCS/TDY status with a unit within 36 months.  The applicant only completed 3 months and 15 days in Germany while in a TCS/TDY status.  As a result, the applicant is not eligible to receive the OSR for his service in Germany.  However, based on the applicant's active duty service subsequent to 1 August 1981, he is entitled to the OSR for his overseas tour completion in the RVN.  Therefore, his DD Form 214 should be corrected to show this award.

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 ending 17 May 1991 the Vietnam Service Medal; and

   b.  adding to item 13 of his DD Form 214 for the period ending 17 May 1991 the Vietnam Service Medal with one bronze service star, Overseas Service Ribbon, Army Superior Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 Overseas Service Ribbon based on his service in Germany.



      _______ _ 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)                                         AR20100009717



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100009717



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1