IN THE CASE OF:	  

		BOARD DATE:	 2 December 2014 

		DOCKET NUMBER:  AR20140004468 


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 reconsideration of his request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the:

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

2.  The applicant states that he believes he is entitled to the Overseas Service Ribbon based upon his service in Germany and the fact that he had a period of active duty after 1 August 1981, which also makes him eligible for the Army Service Ribbon.  While in Germany, he was stationed in Berlin and participated in training exercises in Frankfurt, Mannheim and Wildflecken.  Following his release from active duty he was transferred to the U.S. Army Reserve (USAR).  Official orders show that he was ordered to active duty on 6 June 1982.  Afterward, he was issued an identification (ID) card on 16 June 1982 with an expiration date of 13 September 1983.  Based upon the expiration date of the ID card, he presumed he would remain in the USAR until 13 September 1983 and was shocked and troubled when he received his official discharge in the mail, effective 22 September 1982, because he had intended to reenlist or seek a commission.  As proof of this period of active duty he submits receipts from the Fort A.P. Hill post exchange and tailor shop for uniform items purchased and unit patches sewn on new uniforms sent to him prior to this activation by the USAR Personnel and Administration Center in St. Louis, MO.  He also received a letter from his commander for the applicant's participation during his activation in 1982.

3.  The applicant further states that he does not have access to his actual personnel file that would indicate that at the conclusion of Basic Training at Fort Jackson, SC, he was initially awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge for throwing grenades.  He never re-qualified with the grenades, but he did re-qualify several times with the rifle and the pistol which resulted in upgrading to expert status with those two weapons.  All he can offer in the way of proof is photographs of him taken by his parents shortly after graduating Basic Training.  It appears that while out-processing at Fort Jackson, the clerk typist, who had the applicant's complete personnel file, made a few errors on his DD Form 214.

4.  The applicant provides a self-authored statement, his DD Form 214, and numerous additional documents from his military personnel file including his:

* enlistment documents
* assignment orders
* promotion orders
* letters of appreciation
* letters of recommendation
* certificates for completion of training
* DA Form 348 (Equipment Operator's Qualification Record)
* orders to active duty
* DD Form 2A (Reserve) (Armed Forces of the United States ID Card)
* receipts
* DD Form 256A (Honorable Discharge Certificate)
* 10 photographs

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130007413 on 4 February 2014.

2.  The applicant provides new evidence in the form of orders to active duty, a letter of appreciation, and receipts which were not previously considered and therefore warrant reconsideration by the Board.

3.  The applicant enlisted in the USAR Delayed Entry Program (DEP) 23 September 1976 and was honorably discharged from the USAR on 3 January 1977 for the purpose of immediate enlistment in the Regular Army (RA).  He enlisted in the RA on 4 January 1977.  He completed Basic Combat Training at Fort Jackson and Advanced Individual Training at Fort McClellan, AL, at the conclusion of which he was awarded military occupational specialty 95B (Military Police).

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

* Item 5 (Overseas Service), that he served 13 months in Germany from 19 November 1978 through 13 December 1979 and was not credited with normal tour completion
* Item 9 (Awards, Decorations, and Campaigns), that he was awarded or authorized the:

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

* Item 38 (Record of Assignments), that he was assigned to 287th Military Police Company, Berlin Brigade, Germany, from 22 November 1978 to 12 December 1979

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

* Item 12c (Net Active Service This Period), he completed 2 years, 11 months and 14 days of active duty service
* Item 12f (Foreign Service), he completed 1 year and 24 days of foreign service
* Item 12i (Reserve Obligation Termination Date), his reserve obligation would terminate on 22 September 1983
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

*	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

6.  Office of the Adjutant General, the USAR Components Personnel and Administration Center in St. Louis, MO, Orders T-04-213655, dated 28 April 1982, show the applicant was ordered to active duty for a period of 13 days plus allowable training time with a reporting date of 6 June 1982.  The purpose of this active duty was to participate in a military police training exercise at Fort A.P. Hill, VA.  The additional instructions portion of the orders stated payment would be made by the Fort Lee, VA Finance and Accounting Office.

7.  The applicant provides:

	a.  copies of receipts for purchases made during the month of June 1982 at a Navy Exchange Tailor Shop, Army and Air Force Exchange Services, and a restaurant located in Alexandria, VA.

	b.  a Letter of Appreciation rendered by the commander of the 353rd Civil Affairs Command on 16 June 1982 in appreciation of the applicant's participation in a military police exercise conducted during Annual Training from 6 to 19 June 1982 at Fort A.P. Hill.

	c.  a Reserve Component ID Card that was issued on 16 June 1982 with an expiration date of 13 September 1983.

	d.  10 photographs depicting:

* his Basic Combat Training platoon
* him and his family members at Fort Jackson
* him being presented the Army Commendation Medal
* him and two other Soldiers at the Military Police school
* him in dress uniform where the Expert Marksmanship Qualification Badge with two bars is visible, but what the types of bars are is illegible

8.  Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Orders Number 08-1049815, dated 29 August 1982, show the applicant was honorably discharged from the USAR on 22 September 1982.  The additional instructions portion of these orders instructed the applicant to return his Reserve Component ID Card to the orders issuing authority.

9.  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 was awarded the Army Reserve Components Achievement Medal.

10.  Army Regulation 614-30 (Overseas Service), in part, establishes tour lengths for overseas service and the rules for awarding tour completion.  Soldiers whose overseas tour end as a result of reaching their expiration term of service (ETS), are a first term Soldier and separate from service or are given an early out through an Army program should be awarded credit for a completed tour.

11.  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 U.S. Army 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 applicant's orders to active duty, letter of appreciation, and receipts are accepted as proof that he had a period of active Army service after 1 August 1981; therefore, he is entitled to this service ribbon.

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.  Since the applicant was a first term Soldier whose overseas tour ended as a result of being REFRAD upon reaching his ETS, he should have been awarded credit for a completed tour.  Therefore, he is entitled to correction of his DD Form 214 to show award of this service ribbon.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20130007413, dated 4 February 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Service Ribbon and Overseas Service Ribbon to his DD Form 214.

2.  The Board further determined that 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 correcting his DD Form 214 to show award of the:

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



      _______ _   __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)                                         AR20140004468





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