IN THE CASE OF:	  

		BOARD DATE:	  18 December 2012

		DOCKET NUMBER:  AR20120010360 


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 Army Service Ribbon and the Overseas Service Ribbon.

2.  The applicant states the same criteria that was used in the previous Record of Proceedings (ROP) to award him the Noncommissioned Officer (NCO) Professional Development Ribbon should also be used to award him the requested awards.  He served in an active status in the U.S. Army Reserve (USAR) through October 1981. 

3.  The applicant provides a previous ROP.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 14 August 1967.  He completed basic combat and advanced individual training and he was initially awarded military occupational specialty (MOS) 91B (Medical Specialist) on 26 January 1968.  He was later awarded MOS 11B (Light Weapons Infantryman), on 14 August 1968.

2.  He served in Vietnam with the Special Operations Augmentation, 5th Special Forces Group from 5 October 1968 to 25 February 1969 (he left Vietnam in a patient status), a period of 5 months.  His DA Form 20 (Enlisted Qualification Record) shows he was credited with an overseas tour.  

3.  Upon completion of his Vietnam tour, he was reassigned to the 6th Special Forces Group (Airborne), Fort Bragg, NC.  On 30 January 1970, he completed the 4-week NCO Leadership School at the U.S. John F. Kennedy Center for Military Assistance.

4.  On 13 August 1970, he was honorably released from active duty in the rank/grade of sergeant/E-5 and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows the:

* National Defense Service Medal
* Good Conduct Medal
* Parachutist Badge
* Meritorious Unit Commendation
* Combat Infantryman Badge
* Vietnam Service Medal
* Vietnam Campaign Medal
* Vietnam Cross of Gallantry with Palm Unit Citation

5.  He enlisted in the USAR for 3 years on 7 October 1980 for assignment to Company B, 1st Battalion, 361st Regiment, 90th Division, San Jose, CA.  He was still with his USAR unit when he was honorably discharged from the USAR on     6 October 1981.

6.  On 9 March 2006, he was issued a DD Form 215 that deleted the Vietnam Service Medal and erroneously deleted the Vietnam Cross of Gallantry with Palm Unit Citation and added the:

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

7.  On 21 August 2007, he was issued a second DD Form 215 that also deleted the Vietnam Service Medal and also erroneously deleted the Vietnam Cross of Gallantry with Palm Unit Citation and added the:

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


8.  In September 2008, his previous DD Form 214 and DD Forms 215 were voided and he was reissued a new DD Form 214 that listed the:

* Bronze Star Medal
* Air Medal
* Purple Heart
* Presidential Unit Citation
* National Defense Service Medal
* Good Conduct Medal
* Parachutist Badge
* Meritorious Unit Commendation
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device "1960"

9.  On 15 July 2010, the Board granted him relief in that the Board recommended correction of his DD Form 214 to add the Special Forces Tab.  The Board also notified him that:

* The Republic of Vietnam Gallantry Cross with Palm Unit Citation had been erroneously deleted but was later added to his DD Form 214 that was issued in September 2008
* The NCO Professional Development Ribbon was established in April 1981 and may be awarded retroactively if a member had an active status on or after 1 August 1981

10.  On 15 November 2010, he was issued a DD Form 215 that added the Special Forces Tab to his DD Form 214.

11.  On 26 April 2012, he was issued a DD Form 215 that added the NCO Professional Development Ribbon.

12.  Army Regulation 600-8-22 (Military Awards) 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.

13.  Army Regulation 600-8-22 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, ARNG, and USAR 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.  

14.  Per guidance from the U.S. Army Human Resources Command Awards Branch on 20 August 2009, service in an active Reserve status also counts towards eligibility in retroactive cases.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed training for MOS 91B in January 1968.  He was released from active duty on 13 August 1970.  However, he later enlisted in the USAR and remained in an active Reserve status through 6 October 1981.  Therefore, he met the criteria for the Army Service Ribbon and should have his records corrected to show it. 

2.  The applicant served in Vietnam from 5 October 1968 to 25 February 1969.  His DA Form 20 shows he left Vietnam in a patient status after having completed a period of 5 months and he was credited with an overseas tour.  He was released from active duty on 13 August 1970.  However, he later enlisted in the USAR and remained in an active Reserve status through 6 October 1981.  Therefore, he met the criteria for the Overseas Service Ribbon and should have his records corrected to show it. 

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 adding to his DD Form 214 the:

* Army Service Ribbon
* 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)                                         AR20120010360





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ABCMR Record of Proceedings (cont)                                         AR20120010360



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