IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120002588
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 his DD Form 214 (Report of Separation from Active Duty) be corrected by adding the Expert Grenade Badge (Expert Marksmanship Qualification Badge with Rifle Bar) and Overseas Campaign Ribbon (Overseas Service Ribbon).
2. The applicant states he earned the Expert Marksmanship Qualification Badge with Grenade Bar and should receive the Overseas Service Ribbon (OSR) for serving during the Vietnam era.
3. The applicant provides his DD Form 214 in support of his request.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows he enlisted in the Regular Army on 3 March 1975, and was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).
3. The applicants DA Form 2-1 (Personnel Qualification Record) shows he served overseas in Germany from 19 July 1975 through 4 October 1976 in item
5 (Overseas Service). Item 5 does not credit the applicant with normal tour completion. Item 9 (Awards, Decorations & Campaigns) lists only the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. The applicants Military Personnel Records Jacket (MPRJ) contains no marksmanship qualification badge orders for qualification with the grenade or other weapons. There are also no other award orders on file in his record.
5. On 4 October 1976, the applicant was honorably discharged in the rank of private/E-2 after completing 1 year, 7 months, and 2 days of active duty service. The DD Form 214 he was issued at the time lists only the Marksman Marksmanship Qualification Badge with Rifle Bar as an earned award. No other earned awards are listed on the DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. The regulation does not list an Overseas Campaign Ribbon as an authorized award. Further, there was no campaign ribbon authorized for service in Germany during the applicants tenure of assignment. Paragraph 5-4 provides guidance on the Overseas Service Ribbon. It states it is awarded to Soldiers for completion of overseas tours effective 1 August 1981. There are no provisions for retroactive award for members who were not in an active status on or after
1 August 1981.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. The version of the regulation in effect at the time of the applicants discharge stipulated that the
DA Form 2-1 along with documents on file in the MPRJ were the source records for DD Form 214 entries.
8. Vietnam Era is a term used by the Department of Veterans Affairs (VA) to classify veterans of the Vietnam War. For VA purposes the Vietnam Era is the period beginning on 28 February 1961 and ending on 7 May 1975.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the Expert Grenade Badge and Overseas Campaign Ribbon to his DD Form 214 has been carefully considered. However, there is insufficient evidence to support this claim. The evidence of record fails to provide evidence to show the applicant qualified as an expert with the grenade and item 9 of his DA Form 2-1 does not list the Expert Marksmanship Qualification Badge with Grenade Bar as an earned award.
2. Further, there is not now and there never has been a generic Overseas Campaign Ribbon in the inventory of authorized Army awards. The Overseas Service Ribbon was authorized for completion of a normal overseas tour on
1 August 1981. However, there are no retroactive provisions that allow for adding this award to the record of any member who was not in an active Army status on or after 1 August 1981. Therefore, there is an insufficient evidentiary basis to support granting the relief requested by the applicant.
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) AR20120002588
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