BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20100012416 


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 a 1984 memorandum announcing award of the Overseas Service Ribbon (OSR) and a 1995 memorandum announcing award of the Army Reserve Components Achievement Medal (ARCAM).

2.  The applicant states the memorandum announcing award of the OSR incorrectly authorized a Numeral 1 device and the memorandum announcing award of the ARCAM, dated 7 October 1995, lists an incorrect period of service.  His chain of command reviewed his service record and published a memorandum for record (MFR), dated 22 December 2008, to reflect accurate periods of service for the ARCAM and an MFR, dated 8 February 2009, to address the OSR.

3.  The applicant provides copies of a 1982 memorandum announcing award of the OSR; 1995, 2008, and 2010 ARCAM memoranda; and a 2009 MFR.

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 records show he enlisted in the Army Delayed Entry Program on 5 February 1976.  He enlisted in the Regular Army in pay grade E-1 on 27 September 1979.  He served in Germany from 16 July 1977 to 21 September 1979.  He was honorably released from active duty on 26 September 1979 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

3.  The applicant submits a copy of a memorandum, dated 17 May 1982, showing his award of the OSR with Numeral 1 for the period 16 July 1977 to 21 September 1979.

4.  The applicant was discharged from the USAR on 1 February 1984.  He was appointed in the Illinois Army National Guard (ARNG) as a second lieutenant on 2 February 1984.

5.  The applicant entered active duty for training (ADT) on 10 March 1985.  He was released from ADT on 1 August 1985 to the Illinois ARNG.  Item 13 (Decorations, Medals, Badge, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued lists award of one OSR.

6.  The applicant served in Honduras from 6 February 1987 to 22 February 1987.

7.  The applicant also submits a copy of an ARCAM award memorandum, dated 7 October 1995, showing his award of the ARCAM (4th Award) for the period 1 August 1992 to 31 July 1995.

8.  The applicant further submits copies of memoranda, dated 22 December 2008 and 18 February 2010, respectively.  The 2008 memorandum shows he was awarded the ARCAM (1st Award) for the period February 1980 to February 1985, the ARCAM (2nd Award) for the period February 1985 to February 1989, the ARCAM (3rd Award) for the period February 1989 to February 1993, the ARCAM (4th Award) for the period February 1993 to February 1996, the ARCAM (5th Award) for the period February 1996 to February 2000, the ARCAM (6th Award) for the period February 2000 to February 2004, and the ARCAM (7th Award) for the period February 2004 to February 2007.  The 2010 memorandum shows he was awarded the ARCAM for the period 5 February 2007 to 4 February 2010.

9.  The applicant also submits an MFR, dated 8 February 2009, showing his award of the OSR for the period 16 July 1977 to 21 September 1979.

10.  The applicant entered active duty (AD) in support of Operation Enduring Freedom on 9 December 2002.  He was released from AD on 8 December 2003 and was transferred to the USAR Control Group (Individual Mobilization Augmentee (IMA)).  Item 13 of the DD Form 214 he was issued lists the ARCAM (6th Award) and one OSR.

11.  The applicant entered on AD in support of Operation Iraqi Freedom on 1 July 2009.  He was released from AD on 1 January 2010 and was transferred to a USAR unit.  Item 13 of the DD Form 214 he was issued lists the ARCAM and the OSR.

12.  The applicant was transferred to the Retired Reserve as a lieutenant colonel on 17 May 2010, for completion of 20 or more years of qualifying service for retired pay.

13.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II), item 9 (Awards, Decorations, and Campaigns), lists award of one OSR and six ARCAM's for the following periods:  31 July 1984, 31 July 1988, 31 July 1992, 31 July 1995, 31 July 1998, and 31 July 2001.

14.  Army Regulation 600-8-22 (Military Awards) shows that the OSR was established by the Secretary of the Army on 10 April 1981.  The regulation states that effective 1 August 1981, all members of the Active Army, ARNG, and USAR 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.  Paragraph 6-4 specifies that numerals, starting with 2, are used to denote the second and subsequent awards of the OSR.

15.  Army Regulation 600-8-22 also provides that the ARCAM 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 ARNG or USAR troop program unit or as an IMA.  Since 3 March 1972, the medal has been authorized on completion of 4 years of 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. 
Beginning 28 March 1995, the period of qualifying service for award of the ARCAM was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the ARCAM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention pertaining to his 1982 OSR memorandum has been considered.  The evidence shows that during his period of service as an enlisted Soldier in the Regular Army, he served in Germany from 16 July 1977 to 21 September 1979.  He was awarded the OSR for that period of service.  On 17 May 1982, he was issued a memorandum awarding him the OSR with Numeral 1.  His DA Form 2-1, appropriate DD Forms 214, and service records properly indicate his award of one OSR.  Regulatory guidance specifies that numerals starting with 2 will denote a second and subsequent award.  Therefore, it appears the use of the Numeral 1 on the 1982 memorandum was used to indicate the first award.  Neither the evidence submitted with the application nor the evidence of record supports his request that the 1982 memorandum is incorrect and it could be viewed as containing a harmless administrative error.

2.  The applicant's contention pertaining to his 1995 ARCAM has been considered.  The evidence shows that on 7 October 1995 he was issued a memorandum awarding him the ARCAM (4th Award) for the period 1 August 1992 to 31 July 1995.  On 22 December 2008, he was issued another memorandum listing his awards (seven) of the ARCAM and the periods covered.  His DA Form 2-1 shows he was awarded the ARCAM (4th Award) for the period 31 July 1995.  The 2008 memorandum appears to list the periods covered based on completion of 4 years of qualifying service and then after 28 March 1995 for 3 years of qualifying service for the award.  There is insufficient evidence to show the period of service listed on the 1995 memorandum is incorrect as it is in agreement with the date shown on his DA Form 2-1.

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.

4.  In view of the foregoing, there is no basis for granting the applicant's request.


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)                                         AR20100012416



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100012416



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1