IN THE CASE OF:	  

		BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140010678 


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 her records to show – 

* her pay grade as E-5
* foreign service in excess of 3 years
* her awards include two Overseas Service Ribbons, two Army Achievement Medals, and the Expert Driver and Mechanics Badge 

2.  The applicant states she believes the errors were due to the clerk working too quickly and running out of ink.  Her DD Form 214 (Certificate of Release or Discharge) states she was unavailable to sign even though she was at the base.  Her reduction in rank was because her command wanted to make an example of someone.  She was told that her rank would be restored in the U.S. Army Reserve (USAR).  She has had six children and wishes to have her records corrected as she has a terminal illness.

3.  The applicant provides no supporting documentation.

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 served on active duty in the Regular Army from 14 April 1981 through 9 November 1986 in the military occupational specialty (MOS) 95B (Military Police).

3.  On 2 July 1985, the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for failure to go to her place of duty.  The punishment included reduction from sergeant (SGT) to specialist four (SP4).  She was also removed from drill instructor status as a result of the NJP. 

4.  The official record contains copies of award orders for only the –

* Army Achievement Medal
* Army Good Conduct Medal
* "Drivers Badge W" (Driver and Mechanic Badge with Driver-W Bar )
* "Drivers Badge (2nd award)"

5.  Her DA Form 2-1 (Personnel Qualification Record – Part II) provides the following –

* at block 5 (Overseas Service), 18 months foreign service in the Ryukyu Islands (Japan) from 16 August 1981 through 9 February 1983 and 24 months in Germany from 9 October 1985 through 8 October 1987
* at block 35 (Record of Assignments), duty assignments in Japan from 16 August 1981 through 9 February 1983 (1 year, 5 months, 25 days) and in Germany from 9 October 1985 through 5 October 1986 (11 months, 26 days)
* advancement to sergeant on 10 October 1983
* reduction to specialist four on 2 July 1985
* award of the – 

* Driver's Badge with W (three entries) 
* Army Achievement Medal
* Overseas Service Ribbon (1)
* Noncommissioned Officer's Professional Development Ribbon (2nd award)
* Army Good Conduct Medal (1st award)
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Pistol Bar (.38 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) 

6.  The applicant's 9 November 1986 DD Form 214 shows the following –

* separation as a SP4 
* 2 years, 5 months, and 21 days of foreign service
* type of separation – discharge
* she was unavailable to sign her DD Form 214
* award of the –

* Army Service Ribbon
* Overseas Service Ribbon
* Army Achievement Medal
* Noncommissioned Officer's Professional Development Ribbon (2nd award)
* Army Commendation Medal
* Army Good Conduct Medal 
* Drill Sergeant Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Drivers Badge 

7.  A month prior to her Regular Army discharge, the applicant executed an enlistment in the USAR for 6 years.  In December 1987, she voluntarily transferred to the Inactive Reserve due to nonavailability of a local unit needing her MOS.  She was honorably discharged from the USAR effective 5 October 1992.

8.  Army Regulation 600-8-22 (Military Awards) provides:

   a.  The Driver and Mechanic Badge is awarded to recognize a high degree of skill in the operation or maintenance of motor vehicles.  Driver and operator qualifications are based upon mileage or time requirements.  Mechanic qualifications are based upon aptitude tests, skills courses, or demonstrated proficiency in a primary duty assignment.

   b.  The Overseas Service Ribbon is awarded to members of the U.S. Army for successful completion of normal overseas tours.  Numerals will be used to denote second and subsequent awards.
   
9.  Army Regulation 635-14 (Assignments, Details, and Transfers Overseas Service), states if a Soldier serves less than the normal prescribed overseas tour, and curtailment is through no request from or fault of the Soldier, the Soldier will be credited as having had a complete tour.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was reduced in rank as a result of the 2 July 1985 NJP.  The applicant has not provided and the record does not contain any evidence that she was told that her rank would be restored or that she was considered for promotion while in the USAR.  Therefore, there is insufficient evidence to warrant a correction on this aspect to this portion of her request.

2.  The applicant has not provided and the record does not contain any evidence that the applicant was recommended for or awarded a second Army Achievement Medal.  Without some evidence of a recommendation there is insufficient evidence to warrant a correction.

3.  There is no designation of an "expert" qualification for the Driver and Mechanic Badge.  Therefore, no correction of this portion of her request is warranted. 

4.  Her DA Form 2-1 incorrectly shows service in Germany as for a 24 month period.  This was her original assignment period and the normal projected length of her tour; however she was discharged well before the end of the projected assignment period.

5.  The applicant is shown to have served in Japan for 1 year, 5 months, and 25 days; and in Germany for 11 months and 26 days.  There is no evidence of any additional foreign service.  The total of her foreign service is 2 years, 5 months, and 21 days and the entry on her DD Form 214 is correct.

6.  The applicant completed a full tour assignment in Japan and this period of service is recognized with the award of an Overseas Service Ribbon.

7.  The applicant did not serve a normal full tour in Germany.  This would normally preclude award of a second Overseas Service Ribbon; however, because the applicant's tour in Germany was curtailed through no request from or fault of the applicant, regulations allow for crediting her with having completed a second overseas tour for the purpose of award of a second Overseas Service Ribbon.  Therefore, it is appropriate to correct her DD Form 214 to show a second Overseas Service Ribbon.

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 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 showing that the applicant is authorized a second Overseas Service Ribbon and adding it to her 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 a change of her rank/pay grade,award of a second Army Achievement Medal and Expert Driver and Mechanics Badge or a correction of the total length of her overseas service.



      __________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)                                         AR20140010678



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ABCMR Record of Proceedings (cont)                                         AR20140010678



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