IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110014559
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 Overseas Service Ribbon and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award and the Army Achievement Medal.
2. The applicant states he is unsure if he qualifies for award of the Overseas Service Ribbon and his DD Form 214 does not show the Army Achievement Medal.
3. The applicant provides no additional evidence.
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 Regular Army on 4 October 1979 and held military occupational specialty (MOS) 16R (Air Defense Artillery Short Range Gunnery Crewman). He was assigned to Fort Hood, TX.
3. There is no indication in his records that shows he served overseas or received credit for an overseas tour.
4. Permanent Orders 145-13 issued by Headquarters, 2nd Armored Division, Fort Hood, TX, awarded him the Army Achievement Medal for meritorious service for the period 4 February 1980 through 3 September 1982.
5. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve to complete his remaining service obligation. He completed 3 years of creditable active service. He was issued a reentry code of 1B [has not tested in MOS but fully qualified for reenlistment]. There is no derogatory information in his records.
6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows the Army Service Ribbon and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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.
b. 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.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Army Achievement Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this medal.
2. He completed 3 years of honorable service from 4 October 1979 through 3 October 1982. He attained the rank of SP4/E-4 and he was fully eligible to reenlist. His record is void of any derogatory information which would have disqualified him from receiving the first award of the Army Good Conduct Medal. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show it.
3. His records do not show he served overseas and he was not awarded credit for an overseas tour. He does not meet the criteria for award of the Overseas Service Ribbon.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X ___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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:
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 October 1979 through 3 October 1982
* adding the Army Achievement Medal and Army Good Conduct Medal (1st Award) to item 13 of his DD Form 214
2. The Board further determined 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 the Overseas Service Ribbon.
_______ _ 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) AR20110014559
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ABCMR Record of Proceedings (cont) AR20110014559
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