IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130019020 


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 the Overseas Service Ribbon and the Army Achievement Medal.

2.  The applicant states he requests an update to his DD Form 214 to show his Overseas Service Ribbon for the time frame between 18 December 1987 and 30 March 1992, a period of 4 years, 3 months, and 10 days of foreign service.  He was also awarded an Army Achievement Medal while stationed in Friedberg, Germany, with Service Battery, 2nd Battalion, 82nd Field Artillery Regiment, 3rd Armored Division, between 18 December 1987 and 11 April 1990.  He does not have a copy of orders for either award, but did wear them on his uniforms (Class A and Dress Blue).  When he flew out of Rhein-Main, Germany, in 1992 a sergeant was given his records.  The sergeant unfortunately wasn't going to the same location as he was.  He had a job waiting for him back in Germany and only had a few days before he had to return.  He was separated with only his personal copies of his records at Fort Jackson, SC.

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 enlisted in the U.S. Army Reserve (USAR) on 23 May 1984.  He entered active duty for training (ADT) on 28 June 1985 and completed training for award of military occupational specialty (MOS) 12B (Combat Engineer).  He was released from ADT on 24 August 1985.

3.  He reenlisted in the USAR on 7 March 1986.  He was discharged from the USAR on 22 May 1986 for the purpose of enlisting in the Regular Army.

4.  He enlisted in the Regular Army on 23 May 1986 and he held MOS 63Y (Track Vehicle Mechanic) and MOS 63D (Self-propelled Field Artillery Systems Mechanic).

5.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Germany as follows:

* from 16 December 1987 to 10 April 1990 – he was credited with 28 months and tour completion
* from 17 July 1990 to 30 March 1992 – he was not credited with tour completion – he also served in Southwest Asia from 21 December 1990 to 12 June 1991 during this period

6.  He was discharged under honorable conditions on 30 March 1992.  His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Army Good Conduct Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Valorous Unit Award
* Sharpshooter Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge with Driver-T Bar

7.  His records do not show he was recommended for or awarded the Army Achievement Medal.  No orders exist in his service records to support this award. 
Likewise, no entry on his DA Form 2-1 shows he was awarded the Army Achievement Medal. 

8.  Army Regulation 600-8-19 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military 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 himself or herself 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 is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Germany from 14 February 1987 to 10 April 1990.  He completed 28 months of foreign service and he was credited with tour completion.  Therefore, he met the criteria for award of the Overseas Service Ribbon and his DD Form 214 should be corrected to show it.

2.  There is no evidence in the applicant's service records in the form of permanent orders that shows the applicant was awarded the Army Achievement Medal.  The governing Army regulation states that for personal decorations (which include the Army Achievement Medal), formal recommendations, approval through the chain of command, and announcement in orders are required.  There is an insufficient evidentiary basis for correcting his DD Form 214 to show this award.

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 adding award of the Overseas Service Ribbon to 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 Army Achievement Medal.



      _______ _   _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)                                         AR20130019020



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ABCMR Record of Proceedings (cont)                                         AR20130019020



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