IN THE CASE OF:
BOARD DATE: 29 December 2010
DOCKET NUMBER: AR20100016451
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 award of the Army Service Ribbon, Overseas Service Ribbon, and Armed Forces Expeditionary Medal.
2. He states he feels that he qualifies for these awards according to the criteria set forth by the Department of the Army. He also states the Army Service Ribbon can be awarded retroactive. He was never advised of the Overseas Service Ribbon before reading about it and same for the expeditionary medal.
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. The applicant's military records show he enlisted in the Regular Army, in pay grade E-1, on 12 September 1962, for 3 years. He completed training and was awarded military occupational specialty 71A (Clerk). He served in Ethiopia from 8 September 1963 through 2 February 1964.
3. He was honorably released from active duty at the expiration of his term of service, in pay grade E-4, on 10 September 1965. He was transferred to the U.S. Army Reserve Control Group (Reinforcement).
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists no awards.
5. On 21 August 2008, in response to his request, the Board recommended correction to his records by awarding him the Army Good Conduct Medal, National Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). On 18 February 2009, he was issued a DD Form 215 (Correction to DD Form 214) adding those awards to his DD Form 214.
6. 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 Army status on or after 1 August 1981.
7. Army Regulation 600-8-22 also states the Overseas 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 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.
8. Army Regulation 600-8-22 further states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. Service in Ethiopia was not designated as a specific geographic area authorized for award of the Armed Forces Expeditionary Medal.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not show the applicant met the criteria for award of the Army Service Ribbon, Overseas Service Ribbon, and Armed Forces Expeditionary Medal during the period of his active duty service. Therefore, there is insufficient evidence on which to base an award of those awards in this case and their addition to his DD Form 214.
2. In view of the foregoing, there is no basis for granting his 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) AR20100016451
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100016451
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140018719
The applicant provides: * DD Form 214 * DA Form 1270 (Transfer or Release to Reserve Component of the Army) * Letter orders from the U.S. Army Reserve (USAR) * Email to the National Archives * Criteria for award of the Overseas Service Ribbon, Army Service Ribbon, Army Commendation Medal, Meritorious Service Medal, Armed Forces Expeditionary Medal, and Korea Defense Service Medal CONSIDERATION OF EVIDENCE: 1. Qualifying service for this award includes participation in Korea from 1 October...
ARMY | BCMR | CY2010 | 20100008954
The applicant requests award of the National Defense Service Medal, Armed Forces Expeditionary Medal, Overseas Service Ribbon, Army Service Ribbon, and Korea Defense Service Medal. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2009 | 20090020213
Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. c. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. The Cold War Recognition Certificate, NATO...
ARMY | BCMR | CY2004 | 20040010639C070208
The applicant provided a list of awards that he has not received, which include the Army Good Conduct Medal, Vietnam Service Medal, American Defense Service Medal, Army Service Ribbon, Combat Service, Army Overseas Service Ribbon, Army Presidential (Unit) Citation, Vietnam Presidential Unit Citation, Overseas Service Commemorative Medal, and U.S. Army Commemorative Medal. There is no evidence of records that the applicant is entitled to award of the American Defense Service Medal, the Army...
ARMY | BCMR | CY2006 | 20060014696
Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the award of the, Vietnam Service Medal, Overseas Service Ribbon, Army Service Ribbon, Army Commendation Medal, Korean Defense Service Medal, National Defense Service Medal, or Good Conduct Medal (2nd Award). Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for...
ARMY | BCMR | CY2008 | 20080014572
Although he served in Iraq from 11 December 2003 to 27 October 2004, there is no evidence in the applicant's military records, and the applicant did not provide any evidence which conclusively shows that he was personally present and actively engaging or being engaged by the enemy at any point during his service in Iraq. Therefore, he is entitled to award of the GWOTEM, and correction of his military records to show the award of the GWOTEM. While the sincerity of the applicant's claim to...
ARMY | BCMR | CY2010 | 20100020039
Army Regulation 600-8-22 (Military Awards) provides that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period. The regulation states 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 upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the...
ARMY | BCMR | CY2007 | 20070003775
The applicant requests, in effect, award of the Purple Heart, Army Commendation Medal, Global War on Terrorism Service Medal, the Global War on Terrorism Expeditionary Medal, the Army Service Ribbon, the National Defense Service Medal, the Combat Action Badge, the Iraq Campaign Medal, and the Overseas Service Ribbon. The applicant contends that he is entitled to award of the Purple Heart, the Army Commendation Medal, the Global War on Terrorism Service Medal, the Global War on Terrorism...
ARMY | BCMR | CY2009 | 20090004339
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Good Conduct Medal, the Overseas Service Ribbon, and the Armed Forces Expeditionary Medal (AFEM). The applicant states that he earned the Good Conduct Medal and the Overseas Service Ribbon and that he should be awarded the AFEM for his service in Lebanon in 1958. It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service...
ARMY | BCMR | CY2011 | 20110014464
The applicant requests award of the Overseas Service Ribbon (OSR) and any other awards to which he is entitled. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or...