IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20110001432 


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 or Discharge from Active Duty) to show awards of the:

* Overseas Service Ribbon
* Army Reserve Components Achievement Medal
* Army Good Conduct Medal
* Army Achievement Medal

2.  The applicant states would like the requested awards included in his records because he feels he appropriately earned them.  He spent 20 years in the Army from 1986 to 2006 and deployed twice.  He is now serving with the U.S. Air Force Reserve as a flight nurse and has also deployed twice.  He adds:

* He deployed to Landstuhl, Germany, for 15 months 
* He completed many outstanding drills and annual training as an officer from 1991 to 2006
* He was an enlisted combat medic in the U.S. Army Reserve (USAR) from 1986 to 1991 and served in support of Operation Desert Storm
* He never received his Army Achievement Medal

3.  The applicant provides: 

* DD Form 214 for the period ending on 23 March 2005
* DD Form 214 for the period ending on 8 May 1991
* DD Form 214 for the period ending on 28 August 1987
* Appointment memorandum
* Army Human Resources Command (AHRC) Form 249-E (Chronological Statement of Retirement Points)

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's records show he enlisted in the USAR for a period of 8 years on 29 May 1986.  He entered active duty for training (ADT) on 9 June 1987 and was awarded military occupational specialty 91A (Medical Specialist).  He was honorably released from ADT on 28 August 1987.  

3.  His DD Form 214 for this period of service shows he completed 2 months and 20 days of creditable active service.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 for this period shows the:

* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

4.  On 1 February 1991, he was ordered to active duty in support of Operation Desert Storm.  He was honorably released from active duty on 8 May 1991.  His DD Form 214 for this period of service shows he completed 3 months and 8 days of creditable active service.  Item 13 of this DD Form 214 for this period shows the: 

* Army Service Ribbon
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
* Army Reserve Components Overseas Training Ribbon

5.  He was appointed as a Reserve commissioned officer in the rank of second lieutenant and executed an oath of office on 15 May 1991.  He completed several Army Medical Department training courses and served in multiple troop program units.  

6.  He was ordered to active duty on 23 January 2004 in support of Operation Enduring Freedom and served in Germany from 10 February 2004 to 26 February 2005.  He was released from active duty on 23 March 2005 and he was promoted to major on 27 April 2005.  

7.  His DD Form 214 for this period of service shows he completed 1 year, 2 months, and 1 day of creditable active service.  Item 13 of this DD Form 214 shows the: 

* Army Commendation Medal
* National Defense Service Medal (2nd Award)
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device (2nd Award)
* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon

8.  His records do not contain a recommendation or official orders for award of the Army Achievement Medal or the Army Reserve Components Achievement Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  The Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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.  Table 3-2 of Army Regulation 614-30 (Overseas Service) states the tour length for service in Germany is 36 months (accompanied) and 24 months (unaccompanied). 

	c.  The Army Good Conduct Medal is awarded to enlisted Soldiers who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. 

	d.  The Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Overseas Service Ribbon, the applicant's 1 year and 17 days of foreign service in Germany from 10 February 2004 to 26 February 2005 is noted; however, it is insufficient to award him the Overseas Service Ribbon as he was not credited with a tour completion.  

2.  With respect to the Army Good Conduct Medal, he served in an enlisted status from 29 May 1986 to 14 May 1991.  However, he did not complete 12 consecutive months of active service during this period.  He completed 2 months and 20 days of active service during IDT and 3 months and 8 days of active service during mobilization in support of Operation Desert Storm, neither period is sufficient to award him the Army Good Conduct Medal.

3.  With respect to the Army Reserve Components Achievement Medal and the Army Achievement Medal, there is no evidence in his records and he did not provide any evidence that shows he was recommended for or awarded either award.  Therefore, there is insufficient evidence to add these awards to his DD Form 214.





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)                                         AR20110001432



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ABCMR Record of Proceedings (cont)                                         AR20110001432



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