BOARD DATE:	  4 February 2014

		DOCKET NUMBER:  AR20130007413 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the following and any other award entitlements:

* Army Service Ribbon
* Army Reserve Components Achievement Medal
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar

2.  The applicant states:

* he believes he is entitled to decorations that were created after his discharge or were omitted from his DD Form 214
* he joined the Individual Ready Reserve (IRR) after his discharge and maintained his military standards and good conduct as a Soldier and a civilian
* he was honorably discharged from the IRR in 1982
* he was awarded the Army of Occupation Medal and Army Good Conduct Medal while assigned to the 287th Military Police Company, Berlin Brigade

3.  The applicant provides:

* self-authored statements
* DD Form 214


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 enlisted in the Regular Army on 4 January 1976.  He completed training and was awarded military occupational specialty 95B (Military Police).

3.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* Item 5 (Overseas Service) – service in Germany during the period 19 November 1978 through 12 December 1979
* Item 9 (Awards, Decorations, and Campaigns):

*	Army of Occupation Medal
*	Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) and Rifle Bar (M-16)

* Item 38 (Record of Assignments) – 287th Military Police Company, Berlin Brigade, Germany, for the period 22 November 1978 to 12 December 1979

4.  On 14 December 1979, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  His DD Form 214 shows in:

* Item 12c (Net Active Service This Period) - 2 years, 11 months, and 14 days
* Item 12f (Foreign Service) – 1 year and 24 days
* Item 12i (Reserve Obligation Termination Date) – 22 September 1983
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

*	Army of Occupation Medal
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 caliber)
*	Army Good Conduct Medal
*	Army Commendation Medal

5.  Orders Number 08-1049815, issued by Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, dated 29 August 1982, show the applicant was honorably discharged from the USAR on 22 September 1982.

6.  The applicant's record is void of any evidence and he does not provide evidence showing he qualified for the Expert Marksmanship Qualification Badge with Grenade Bar or that he had an active Army status after 1 August 1981.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.

   a.  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.  The Human Resources Command Awards Branch clarified that only service resulting in a paycheck counts as active Reserve service.

	b.  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.

	c.  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.  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.

	d.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Table 8-2 (Weapons for which Component Bars are authorized) shows the grenade bar is authorized upon meeting qualification.

DISCUSSION AND CONCLUSIONS:

1.  The Army Service Ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an active Army status (i.e., service for which pay is received) on or after 1 August 1981.  The record does not show and the applicant did not provide any evidence showing he had any active Army service after 1 August 1981; therefore, he is not entitled to this award.

2.  Award of the Army Reserve Components Achievement Medal required service as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee and individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  The applicant's service in the USAR was less than 4 years; therefore, he is not entitled to this award.

3.  The Overseas Service Ribbon 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.  The applicant did not have any active Army service after 1 August 1981; therefore, he is not entitled to this award.

4.  There is no evidence in his record and he does not provide any showing he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is not entitled to this requested relief.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.




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 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)                                         AR20130007413



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ABCMR Record of Proceedings (cont)                                         AR20130007413



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