IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100024263 


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, reconsideration of his request for award of the Overseas Service Ribbon.  He also requests removal of the Meritorious Unit Commendation previously awarded by the Board in paragraph 6 of the Discussion and Conclusions section of his previous Record of Proceedings (ROP).  

2.  He states that his 27 June 1991 permanent change of station (PCS) orders contained a statement that said through no fault of the service member unit deactivation occurred and the Overseas Service Ribbon was being awarded.  He does not have a copy of these orders, but they should be in his DA Form 201 (Military Personnel Records Jacket (MPRJ)).  The decision made in paragraph 5 of the Discussion and Conclusions section of his previous ROP should be reconsidered after reviewing the PCS orders dated 27 June 1991.

3.  He also states paragraph 5 of the Consideration of Evidence section of his previous ROP states on 6 November 1990 he was assigned to 69th Chemical Company in Germany.  Paragraph 5 also states he served in a temporary duty (TDY) status in Saudi Arabia from 17 December 1990 to 29 April 1991 until he returned to Germany.  He states he was transferred to Headquarters and Headquarters Company (HHC), Division Support Command (DISCOM), and deployed to Saudi Arabia with HHC, DISCOM for his entire tour of duty in Southwest Asia (SWA).  Therefore, he did not serve with the 69th Chemical Company and cannot be awarded the Meritorious Unit Commendation.  In effect, his records dated between 6 November and 17 December 1990 should be reviewed to confirm he was transferred to HHC, DISCOM. 
4.  He provides his previous ROP.

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 AR20090018177, on 13 May 2010.

2.  The applicant states his PCS orders, dated 27 June 1991, should show he was awarded the Overseas Service Ribbon.  This is new argument that will be considered by the Board.  He also states he was not assigned to the 69th Chemical Company and should not have been awarded the Meritorious Unit Commendation.

3.  His military record shows he enlisted in the Regular Army (RA) on 16 October 1990, with prior enlisted Army National Guard, RA, and Reserve service.  

4.  His DA Form 2-1 (Personnel Qualification Record – Part II), Item 5 (Overseas Service), shows he served in Germany from 5 November through 17 December 1990, a period of 1 month and 12 days.  He served in Saudi Arabia SWA from 17 December 1990 through 29 April 1991, a period of 4 months and 12 days.  He again served in Germany from 29 April through 27 June 1991, a period of 1 month and 29 days.

5.  Item 25 (Record of Assignments) of his DA Form 2-1 shows he was assigned to the 69th Chemical Company from 6 November 1990 to 27 June 1991.  

6.  Orders Number 134-133 were issued by the 55th Personnel Service Company on 5 June 1991 assigning him to Headquarters and Headquarters Battalion, 1st Support Battalion, Fort Bliss, TX, with a reporting date of 3 July 1991.  The orders indicate he was assigned to HHC, DISCOM, at that time.

7.  His MPRJ is void of any PCS orders, dated 27 June 1991, awarding him the Overseas Service Ribbon.  

8.  The Army Human Resources Command, Military Awards Branch, shows Department of the Army General Order Number 1, dated 31 March 1996 awarded the 69th Chemical Company the Meritorious Unit Commendation (Army) for the period 24 December 1990 to 28 April 1991.

9.  He was honorably discharged on 15 October 1994.  His DD Form 214 shows he completed 4 years of creditable active service.  This form further shows the following entries:
	a.  Item 12f (Foreign Service) shows 7 months and 23 days.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not list the Overseas Service Ribbon.

10.  On 13 May 2010, the Board, in effect, denied his request for award of the Overseas Service Ribbon because he did not complete the required 24 months overseas.  The Board determined that based on his service with the 69th Chemical Company he was authorized the Meritorious Unit Commendation.  It was recommended that Item 13 of his DD Form 214 be amended by adding this award.  He was issued a DD Form 215 (Correction to DD Form 214) on 16 July 2010 adding the Meritorious Unit Commendation.

11.  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 as prescribed in Army Regulation 614-30 (Overseas Service).

12.  Army Regulation 614-30, Table 3-3, states the period of creditable time starts on the day of departure from the Continental United States (CONUS) port for overseas service.  This includes a period of 45 days or more of uninterrupted service outside CONUS in an authorized military status (PCS, TDY).

13.  Army Human Resource Command, Military Awards Branch, Information Paper, dated 13 May 2003, states if a Soldier is credited with an overseas tour for a PCS in Germany, and during the PCS tour was deployed to an area in support of a designated contingency operation (e.g. SWA), he/she would be entitled to the Overseas Service Ribbon for completion of the PCS tour in Germany provided they completed a normal tour length for Saudi Arabia/Kuwait of 9 months.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed a total of 7 months and 23 days of foreign service in Germany to include his service in SWA.  He did not meet the criteria for award of the Overseas Service Ribbon during his period of active service.  Therefore, he is not entitled to this award and addition of the award to his DD Form 214.  

2.  He also requested removal of Meritorious Unit Commendation previously awarded by the Board and issued in July 2010.  He stated that he did not serve with the 69th Chemical Company and cannot be awarded this unit award.  

3.  The orders dated 5 June 1991 indicate he was assigned to HHC DISCOM on that date.  This appears to corroborate his contention that he was not assigned to the 69th Chemical Company during his deployment.  Therefore, his contention that he is not authorized the Meritorious Unit Commendation is accepted.  In view of the circumstances in this case, he is entitled to its removal from his DD Form 214.

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.

2.  In regard to his request for reconsideration of award of the Overseas Service Ribbon, 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 decision of the ABCMR set forth in Docket Number AR20090018177, dated 13 May 2010, that pertains to award of the Overseas Service Ribbon.  

3.  In regard to the new issue, the Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from Item 13 of his DD Form 214, as previously amended, the Meritorious Unit Commendation and providing him a corrected document including this change.



      _______ _   _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)                                         AR20100024263



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100024263


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1