BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100023312 


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, correction of his DD Form 214 (Certificate of Release from Active Duty) for the period ending 24 January 1982 to show in:

* item 12f (Foreign Service) 48 months of foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) seven additional Overseas Service Ribbons and a second Army Service Ribbon
* items 4a (Grade, rate or Rank) and 4b (Pay Grade) grade and pay grade as specialist four (SP4)/E-4

2.  The applicant states:

* his foreign service is incorrect
* he had closer to 48 months of overseas service
* he had 2 tours in Germany
* he had a prior service enlistment of 2 years and a 4-year enlistment ending on 24 January 1982
* that would give him 8 Overseas Service Ribbons and 2 Army Service Ribbons
* he thinks he should be given back the rank of specialist four
* losing his rank was unjust
* the Article 15 was his first offense
* he was going through a bitter divorce and child custody situation


* he only had 3 months left in country
* the Article 15 cost him his second Army Good Conduct Medal

3.  The applicant provides no documentary evidence in support of his application.

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 enlisted in the Regular Army (RA) on 30 September 1974 for a period of 2 years.  He served as an infantry indirect fire crewman in Germany.  He was honorably released from active duty on 24 September 1976 in the rank/grade of SP4/E-4 and he was transferred to a U.S. Army Reserve unit in Oklahoma.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 24 September 1976 shows the National Defense Service Medal.  Item 18f (Foreign and/or Sea Service This Period) of this DD Form 214 shows he completed 1 year, 7 month, and 8 days of foreign service during this period of service.

4.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from January 1975 through September 1976.  This form further indicates he completed 19 months of service during this tour in Germany.

5.  On 25 January 1978, he again enlisted in the RA for a period of 4 years in the rank/grade of SP4/E-4.  Permanent change of station orders show he was assigned to Germany and travel of his dependents to this overseas duty station was not authorized during this tour.  He arrived in Germany on 18 July 1979 and he served as a helicopter repairer.


6.  On 28 September 1981, nonjudicial punishment (NJP) was imposed against the applicant for violating a lawful general regulation (consuming beer while on duty) and using disrespectful language toward his superior noncommissioned officer.  The punishment imposed was a reduction to the grade of E-3, forfeiture of 7 days pay for one month, and 14 days of extra duty.

7.  He departed Germany on 19 January 1982 en route to Fort Jackson, SC for separation processing.  He was honorably discharged on 24 January 1982 in the rank/grade of private first class (PFC)/E-3.  His DD Form 214 for this period of service shows in:

* item 12f the entry "02 06  01," which indicates he completed 2 years, 6 months, and 1 day of foreign service during the period covered by this report
* item 13 the:

* National Defense Service Medal
* Aircraft Crewman Badge
* Army Good Conduct Medal
* Overseas Service Ribbon
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  There is no evidence that shows he was advanced back to SP4/E-4 following his NJP action and prior to his discharge on 24 January 1982.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation states, in pertinent part, that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  The regulation states that for:

* item 4 (a and b), enter the active duty grade of rank and pay grade at time of separation
* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's records

10.  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 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.

11.  Army Regulation 614-30 (Overseas Service), table D-1 (Criteria for overseas tour lengths) states, in pertinent part, that the standard overseas tour for Germany based on Congressional guidance is 36 months for an accompanied tour and 24 months for an unaccompanied tour.

12.  Army Regulation 614-30, table 7-1 (Award of Tour Credit and Adjustment of Date Eligible to Return from Overseas (DEROS)/Date of Return from Overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a DROS if he/she serves to normal expiration term of service and is a first term Soldier and separated from service or is given an early out through an Army program.

13.  Army Regulation 600-8-22 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.  Only one award of the Army Service Ribbon is authorized, regardless of whether a Soldier completes both officer and enlisted initial entry training.

14.  Army Regulation 27-10 (Military Justice) prescribes policies and procedures pertaining to the administration of military justice.  It states a commander will personally exercise discretion in the NJP process, evaluate the case to determine whether proceedings under Article 15 should be initiated, and determine whether the Soldier committed the offense where Article 15 proceedings are initiated and the Soldier does not demand trial by court-martial.  It states the authority to impose NJP charges a commander with the responsibility of exercising the commander’s authority in an absolutely fair and judicious manner. It states the imposing commander is not bound by the formal rules of evidence before courts-martial.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his foreign service is incorrect on his DD Form 214 for the period ending 24 January 1982.  The governing regulation states the total amount of foreign service completed during the period covered by the report would be entered in item 12f on the DD Form 214.  Evidence shows he served
1 year, 7 months, and 8 days of foreign service during the period 30 September 1974 through 24 September 1976, which is properly reflected in item 18f of his DD Form 214 for the period ending 24 September 1976.  Evidence also shows he served 2 years, 6 months, and 1 day of foreign service during the period
25 January 1978 through 24 January 1982, which is properly reflected in item 12f of his DD Form 214 for the period ending 24 January 1982.  Therefore, there is insufficient evidence in which to change item 12f of his DD Form 214 for the period ending 24 January 1982.

2.  He contends he is eligible for the Overseas Service Ribbon for his service in Germany from 1975 to 1976.  Since he was a first term Soldier who served to his normal expiration of term of service in 1976 he was credited with a normal tour completion for this service in Germany.  He also completed an unaccompanied overseas tour in Germany in 1982.  Therefore, since he had an Active Army status on or after 1 August 1981, he is entitled to the Overseas Service Ribbon (2nd Award) and correction of his DD Form 214 accordingly.

3.  His request for 6 additional Overseas Service Ribbons was noted; however, there is insufficient evidence in which to base any additional awards of the Overseas Service Ribbon.

4.  He is entitled to the Army Service Ribbon for successful completion of his initial entry training, which is properly shown on his DD Form 214 for the period ending 24 January 1982.  His request for a second Army Service Ribbon was noted; however, by regulation, only one award of the Army Service Ribbon is authorized, regardless of whether a Soldier completes both officer and enlisted initial entry training.  Therefore, there is no basis for granting his request on this issue.

5.  There is no evidence the NJP imposed on 28 September 1981 was improperly imposed.  It appears to have been the commander's judgment that violating a lawful regulation and using disrespectful language warranted a one-grade reduction as punishment.  There is no evidence he was advanced back to SP4/E-4 following his NJP action or before his discharge on 24 January 1982.  Therefore, there is no basis for changing item 4a or 4b of his DD Form 214 for the period ending 24 January 1982. 
 
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 24 January 1982 the Overseas Service Ribbon and

	b.  adding to item 13 of his DD Form 214 for the period ending 24 January 1982 the Overseas Service Ribbon (2nd Award)

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 correcting items 4a and b, and 12f of his DD Form 214 for the period ending 24 January 1982, or awarding six additional awards of the Overseas Service Ribbon or a second award of the Army Service Ribbon and adding them to the same DD Form 214.



      _________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)                                         AR20100023312



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ABCMR Record of Proceedings (cont)                                         AR20100023312



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