IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100019718
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 reconsideration of his earlier request for award of the Army Good Conduct Medal and Army Overseas Duty Ribbon [sic] (Overseas Service Ribbon).
2. The applicant states he served in the Army and Europe without any incidents or unfavorable conduct. His unit failed to process the Army Good Conduct Medal for him. Additionally, the Overseas Service Ribbon was not in effect at the time but it is now issued to Soldiers.
3. The applicant did not provide additional evidence.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090019548 on 20 July 2010.
2. The applicant submitted a new argument which was not previously reviewed by the ABCMR. Therefore, it is considered new evidence and, as such, warrants consideration by the Board.
3. With respect to the Army Good Conduct Medal, a review of the applicant's records indicates he was issued official orders awarding him the Army Good Conduct Medal (1st Award) as well as a DD Form 215 [Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)] that added this award as a result of his original Board case. He was provided copies of orders and a DD Form 215 by separate correspondence.
4. On 5 January 1973, the applicant's enlisted in the Regular Army and he held military occupational specialty 75B (Unit Clerk). He served in Germany from
12 June 1973 to 13 December 1975.
5. On 15 December 1975, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal.
7. In January 1979, he was honorably discharged from the USAR upon completing his service obligation. He did not serve on active duty or in the Selected Reserve subsequent to this date.
8. Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members 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.
DISCUSSION AND CONCLUSIONS:
The applicant served in Germany from 12 June 1973 to 13 December 1975. The Overseas Service Ribbon was created in 1981. It may be awarded retroactively contingent upon a member having an active Army status on or after 1 August 1981. The applicant did not have any. Therefore, he does not meet the eligibility criteria for this award.
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 to amend the decisions of the ABCMR set forth in Docket Number AR20090019548, dated 20 July 2010.
_________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) AR20100019718
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ABCMR Record of Proceedings (cont) AR20100019718
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