IN THE CASE OF:
BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100013303
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, campaign participation credit.
2. The applicant states, in effect, he may have been eligible for a campaign ribbon during his dates of active duty, for the purpose of establishing veteran's preference for reemployment purposes.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 14 March 1980, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program. On 1 October 1980, he enlisted in the Regular Army for 2 years. He completed training as a telecommunications center specialist.
3. A review of the applicant's records does not show that he participated in any campaigns or served overseas while he was in the Army.
4. The applicant was honorably released from active duty on 30 September 1982, at the completion of his required service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 he was issued does not list any awards showing campaign participation.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD or discharge. It states item 13 will contain all authorized awards, as contained in the Army's awards regulation, for all periods of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. However, there is no evidence in the available records to show that he participated in any campaigns or served overseas while he was in the Army.
2. Based on the information contained in his official records, he is not entitled to campaign participation credit. As such, 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) AR20100013303
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100013303
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090000890
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that her record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by credited her with participation in the 1980 and 1981 Cuban Campaigns. Although the applicant received a letter of commendation for providing support to the Cuban Resettlement Program at Fort Chaffee, Arkansas, from 2 August 1980 through 4 November 1980, there is...
ARMY | BCMR | CY2011 | 20110015765
It would also be appropriate to correct item 18 of her DD Form 214 to show she served in SWA from 19 August 1990 through 2 February 1991. The evidence of record shows the applicant qualified for award of: a. the Southwest Asia Service Medal and that she served in two campaigns during her service in SWA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of her DD Form 214 the entry "02 11 20" and...
ARMY | BCMR | CY2015 | 20150000790
The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The evidence of record shows that during the period covered by his DD Form 214 he completed tours in Germany and Korea totaling over 9 years of overseas service and this foreign service is captured in item 12f of his DD Form 214. His service in Korea qualifies him for award of the Korea Defense Service...
ARMY | BCMR | CY2010 | 20100019997
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 10 July 1980, to show his total active service and awards. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 for the period ending on 10 July 1980 the: * Korea Defense Service Medal *...
ARMY | BCMR | CY2010 | 20100000810
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM) and correction of his name on his ARCOM medal. The evidence of record shows the applicant was awarded the ARCOM by appropriate orders for the period 6 August 1980 through 16 August 1981. The evidence of record shows that the applicant's last name is correctly spelled without the letter "H" in the second character and that his last...
ARMY | BCMR | CY2011 | 20110025151
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 February 1989 to show the Armed Forces Expeditionary Medal (AFEM) and the Korea Defense Service Medal (KDSM). Therefore, his DD Form 214 for the period ending 24 February 1989 should be corrected to show this award.
ARMY | BCMR | CY2012 | 20120007345
The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was honorably discharged on 9 October 1972 and he reenlisted in the Army on 10 October 1972. The applicant was issued a DD Form 214, dated 25 October 1962, which shows he was initially inducted into the Army on 21 August 1962. Item 12f on his DD Form 214, dated 31 August 1989, shows he had 1 year, 11 months, and 20 days of foreign service during the period covered by the DD Form 214.
ARMY | BCMR | CY2014 | 20140015603
Item 12f (Foreign Service) of his DD Form 214 shows he completed 11 months and 9 days of foreign service. This information is accepted as sufficient evidence with which to amend item 18 of the his DD Form 214 to show he served in Kuwait/Iraq from 1 January to 31 December 2009 and thereby add a period of 1 year of foreign service to item 12f of his DD Form 214. As such, it would be appropriate to amend his DD Form 214 to show the OSR (2nd Award).
ARMY | BCMR | CY2012 | 20120007973
IN THE CASE OF: BOARD DATE: 25 October 2012 DOCKET NUMBER: AR20120007973 THE BOARD CONSIDERED THE FOLLOWING 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) with Numeral 3 and the Korea Defense Service Medal (KDSM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting award of the VSM and OSR...
ARMY | BCMR | CY2011 | 20110013945
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his Iraq service, add the Army Commendation Medal (ARCOM) and Army Achievement Medal (AAM), and correct the nearest relative listed. Army Regulation 600-8-22 (Military Awards) provides the Armys awards policy. Therefore, it would be appropriate to correct item 12f and 18 of his DD Form 214 to document his Iraq service and to add the ARCOM to item 13.