IN THE CASE OF:    

		BOARD DATE:  16 December 2014	  

		DOCKET NUMBER:  AR20140006895 


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, in effect:

	a.  award of the Armed Forces Service Medal (AFSM) and/or Overseas Service Ribbon (OSR) and

	b.  an upgrade of his Army Commendation Medal (ARCOM) to the Meritorious Service Medal (MSM).

2.  The applicant states:

	a.  There is no error.

	b.  He was recently denied membership in the Veterans of Foreign Wars because his 4 years and two overseas tours during the Korean War were "not good enough."  He did not have any award or ribbon for foreign service during that time.

	c.  He was awarded the ARCOM for meritorious service and wants to know if this medal can be upgraded to the MSM.

	d.  He served two 9-month overseas tours at the Atomic Proving Grounds Eniwetok in the Marshall Islands.



3.  The applicant provides:

* letter to the National Personnel Records Center, dated 15 October 2012
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* DD Form 215 (Correction to DD Form 214)
* Certificate of Achievement

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's complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows:

* he enlisted in the Regular Army on 2 September 1948 for 5 years
* he completed 1 year, 5 months, and 9 days of foreign service
* he was awarded the Army Good Conduct Medal
* he was honorably discharged on 21 January 1953

4.  He provided a Certificate of Achievement for meritorious service in connection with atomic energy tests at Eniwetok in the Pacific Proving Grounds in the Marshall Islands during Operation Ivy in 1952.

5.  There is no evidence that shows he had an Active Army status on or after 1 August 1981.

6.  A DD Form 215, dated 15 April 2008, amended his DD Form 214 by adding award of the National Defense Service Medal and ARCOM.

7.  On 2 December 2014, the ABCMR issued a letter to the applicant advising him to submit his request to upgrade his award of the ARCOM to an MSM to the U.S. Army Human Resources Command through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

8.  Army Regulation 600-8-22 (Military Awards) states the MSM was established on 16 January 1969 and is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service.

9.  Army Regulation 600-8-22 states the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992, participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days in duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility or meet the following criteria:

* while participating as a regularly-assigned aircrew member, accumulates 15 days of service (consecutive/nonconsecutive flying sorties into, out of, within, or over the area in direct support of the military operations)
* 1day of service is credited for the first sortie flown on any day
* additional sorties flown on the same day receive no further credit

10.  Army Regulation 600-8-22 states the OSR 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 ribbon may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.





DISCUSSION AND CONCLUSIONS:

1.  Army Regulation 600-8-22 states the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992, participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.  Since the applicant did not participate in a U.S. military operation after 1 June 1992, there is no basis for adding the AFSM to his DD Form 214.

2.  Army Regulation 600-8-22 allows for the retroactive award of the OSR; however, it stipulates that the ribbon may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Since he did not have an Active Army status on or after 1 August 1981, there is no basis for adding the OSR to his DD Form 214.

3.  The applicant's request to upgrade his award of the ARCOM to MSM was noted.  In December 2014, he was erroneously notified by letter that he had not exhausted all administrative remedies regarding upgrading his ARCOM to the MSM.  We apologize for this inconvenience.  Nevertheless, since the MSM did not exist prior to 16 January 1969 and he was honorably discharged on 
21 January 1953, he could not have been eligible for award of the MSM. 

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)                                         AR20140006895



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ABCMR Record of Proceedings (cont)                                         AR20140006895



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