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ARMY | BCMR | CY2014 | 20140016804
Original file (20140016804.txt) Auto-classification: Denied

		IN THE CASE OF:  

		BOARD DATE:  12 May 2015

		DOCKET NUMBER:  AR20140016804 


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) and/or his military service records to show he:

	a.  held military occupational specialty (MOS) 95B (Military Police) and 75C (Personnel Management Specialist) while serving in Active Reserve units;

	b.  was awarded the Armed Forces Service Medal, North Atlantic Treaty Organization (NATO) Medal, Vietnam Service Medal, Armed Forces Reserve Medal, Army Reserve Components Achievement Medal, Army Reserve Components Overseas Training Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar; and 

	c.  was assigned to the 447th Military Police Company, Columbus, Ohio, and the 347th Personnel Service Company.

2.  The applicant states:

	a.  His last duty station was Headquarters Company, U.S. Army Garrison, Fort Meade, Maryland.  His German wife had been killed in an auto mishap leaving him with one infant child as well as his 3-year old daughter.

	b.  He was given the choice of finding homes for his children and reporting back to his unit in Europe or receiving an honorable discharge based on being a sole surviving parent.  He chose the discharge.
	c.  He was discharged without a final review of his records.  His service with the 447th Military Police Company, Columbus, Ohio, and the 347th Personnel Service Company is not recorded in his records.  Additionally, neither MOS 95B nor 75C are listed on his DD Form 214.

3.  The applicant provides:

* U.S. Army Reserve (USAR) discharge orders
* two pages of a DA Form 2-1 (Personnel Qualification Record - Part II)
* DD Form 214 for the period ending 13 January 1977
* DD Form 214 for the period ending 7 December 1982

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Regular Army on 22 February 1974.  He completed training and was awarded military occupational specialty (MOS) 16D (Hawk Missile Crewman).  He extended his service on 21 October 1975.

2.  His DA Form 2-1 last reviewed on 10 January 1977 shows he served in Germany from 9 July 1974 through 11 January 1977.  During this period he was assigned to Battery C, 1st Battalion, 1st Air Defense Artillery in his 16D MOS.  Item 38 (Record of Assignments) shows he was later assigned to:

	a.  Detachment 1, 447th Military Police Company, Columbus, Ohio, as a military policeman, in duty MOS (DMOS) 95B from 20 June 1978 through 
19 November 1978; and 

	b.  the 347th Personnel Service Company as a personnel management specialist, in DMOS 75C, effective 20 November 1978.

3.  He was released from active duty (REFRAD) on 13 January 1977 as a specialist four (SP4)/E-4 and transferred to the USAR.  He had completed 
2 years, 10 months, and 22 days of active duty service.  His DD Form 214 shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4.  He enlisted in the RA on 5 November 1980.  He completed training and was awarded MOS 63B (Light Wheel Vehicle Mechanic).
5.  His DA Form 2-1 last reviewed on 8 July 1982 shows:
	a.  His primary MOS was 63B effective 20 February 1981 and his Secondary MOS was 16D.
	b.  The highest grade he attained was SP4 effective 1 September 1982.
	c.  Effective 4 March 1981 he was assigned to the 586th Maintenance Company in Germany in his 63B MOS.
	d.  He was awarded the National Defense Service Medal and the Army Service Ribbon.
	e.  He served in Germany from 12 July 1974 through 13 January 1977 and from 18 March 1981 through 26 August 1982.
6.  His DA Form 2-1 last reviewed on 18 November 1982 shows in 

	a.  item 9 (Awards, Decorations and Campaigns) –

* Army Service Ribbon
* Overseas Service Ribbon
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon 
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars
	
	b.  item 17 (Civilian Education and Military Schools), he completed training in MOS 16D in 1974 and MOS 63B in 1981.

7.  He was honorably discharged on 7 December 1982 as an SP4.  He had completed 2 years, 1 month, and 3 days of active duty service during the period covered by the DD Form 214 and a total of 5 years of active duty service.  His DD Form 214 shows in:

	a.  Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) –

* 63B1O Light Vehicle Driver/Power Generator Mechanic - 1 year and 
9 months
* 16D1O Hawk Missile Crewmember - 8 years

	


	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army Good Conduct Medal
* Army Commendation Medal
* National Defense Service Medal
* Overseas Service Ribbon
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon 
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars

8.  In support of his application he provides copies of two pages of a DA Form 
2-1 showing the military schools he completed and his assignments, including the 447th Military Police Company and the 347th Personnel Service Company in Ohio.

9.  His records contain:

	a.  Orders 7-14, Headquarters, 83d U.S. Army Reserve Command, Columbus, Ohio, dated 1 February 1979, showing that effective 20 November 1978 he was reassigned in the USAR from Detachment 1, 447th Military Police Company, Columbus, Ohio, to the 347th Personnel Service Company, Columbus, Ohio.

	b.  Orders 137-741, Headquarters, Fifth U.S. Army, Fort Sam Houston, Texas, dated 16 July 1979, showing that effective 20 April 1979 he was reassigned in the USAR from the 347th Personnel Service Company to the USAR Control Group (Standby).

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The regulation states:

	a.  The Armed Forces Service Medal 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.

	b.  The NATO Medal was authorized by the Secretary-General of NATO for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of various NATO operations beginning in 1995.

	c.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.

	d.  The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code.

	e.  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.

	f.  The Army Reserve Components Overseas Training Ribbon is awarded to members of the Reserve Components of the Army for successful completion of annual training (AT) or active duty for training (ADT) for a period of not less than 10 consecutive duty days on foreign soil.  The Army Reserve Components Overseas Training Ribbon may be awarded retroactively to those personnel who successfully completed AT or ADT on foreign soil in a Reserve status prior to 
11 July 1984 provided they had an active status on or after 11 July 1984.  

11.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. 

	a.  Item 11 shows the titles of all MOSs served for at least 1 year and includes the number of years and months served for each MOS.

	b.  Item 13 shows awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

	c.  Item 14 shows formal in-service (full-time attendance) training courses
successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not on active duty when he served with Detachment 
1, 447th Military Police Company, in DMOS 95B, and the 347th Personnel Services Company in, DMOS 75C.  These assignments are listed on the DA Form 2-1 he last reviewed on 10 January 1977.

2.  There is no available evidence showing he served in MOS 95B or 75C for at least 1 year during a period of active duty.

3.  There is no available evidence showing was recommended for, awarded, or served a qualifying period for award of the Armed Forces Service Medal, NATO Medal, Vietnam Service Medal, Armed Forces Reserve Medal, Army Reserve Components Achievement Medal, Army Reserve Components Overseas Training Ribbon, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

3.  In view of the above, his request should be denied.







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 that 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)                                         AR20110013076



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                       AR20140016804



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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