IN THE CASE OF:
BOARD DATE: 19 May 2015
DOCKET NUMBER: AR20140016809
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 (Report of Separation from Active Duty) to show the Army Good Conduct Medal (AGCM), Overseas Service Ribbon (OSR) and the "Army Service Medal" (taken to mean the Army Service Ribbon (ASR)).
2. He states, in effect, that he had orders for the AGCM and completed foreign duty service which made him eligible for the OSR.
3. He provides a DD Form 214 and Permanent Orders 41-71 dated
1 March 1977.
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. On 16 April 1973, the applicant enlisted in the Regular Army. After initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and secondary MOS 11C (Indirect Fire crewman)
3. On 1 March 1977, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell KY, issued Permanent Orders 41-71 awarding him the AGCM (1st Award) for the period 16 April 1973 through 15 April 1976.
4. Orders 33-259, dated 16 February 1977, show that on 15 April 1977 he was honorably released from active duty and transferred to the Army National Guard after completing 4 years of total active service. His DD Form 214 shows in:
* Item 18f (Record of Service - Foreign and/or sea service): 2 years, 2 months and 20 days
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Item 27 (Remarks): "Item 18f: Foreign Service in Alaska"
5. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The ASR 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.
b. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the AGCM (1st Award) by Permanent Orders 41-71 dated 1 March 1977. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The OSR and the ASR were not established until 1981, after his release from active duty service. Therefore, he is not entitled to correction of his DD Form 214 to show these awards.
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 adding to item 26 of his DD Form 214 the AGCM (1st Award).
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 adding the OSR and ASR to his DD Form 214.
____________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) AR20140005906
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ABCMR Record of Proceedings (cont) AR20140016809
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