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ARMY | DRB | CY2005 | 20050006842
Original file (20050006842.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 FEBRUARY 2006
      DOCKET NUMBER:  AR20050006842


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Mark W. Schaefer              |     |Member               |
|     |Mr. Roland S. Venable             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records should be corrected
to show his entitlement to the Army Service Ribbon (ASR), Honorable Service
Commemorative Medal, Army National Guard (ARNG) and United States Army
Reserve (USAR) Commemorative Medal, and United States Armed Forces Retired
Service Commendation Medal.  In addition, he requests two United States Air
Force (USAF) awards.

2.  The applicant states, in effect, he does not know why his record does
not show he was both on active duty in the USAF and that he served in
active status in the ARNG and USAR.  He states he was in the Ohio ARNG in
1953 and 1954, on active duty in the USAF from 1954 to 1958 and during a
brief period in 1963, and in the USAR from 1967 to 1989.

3.  The applicant provides a separation document (DD Form 214), seven
letters of appreciation, and five course completion certificates in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s request for USAF awards has been referred to the Board
for Correction of Air Force Records.  Therefore, there will be no further
reference to these awards in this Record of Proceedings.

2.  The applicant is requesting correction of alleged error or injustice
that occurred on 23 April 1989, upon his transfer to the Retired Reserve.
The application submitted in this case is dated 25 April 2005.

3.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

4.  The applicant’s record shows he served in an enlisted status in the
Ohio ARNG, not on active duty, from 1 July 1953 through 11 October 1954.
He served in an enlisted status on active duty in the USAF from 12 October
1954 through 11 August 1958, and he served in an enlisted status in the
ARNG, not on active duty, from 14 January 1963 through 1 May 1963.

5.  On 26 February 1967, he was commissioned a first lieutenant in the
Medical Service Corps (MSC) of the USAR.  He continuously served in various
capacities as a USAR officer until he was transferred to the Retired
Reserve, in the rank of lieutenant colonel on 23 April 1989.

6.  The applicant’s Personnel Qualification Record (DA Form 2-1), which he
last reviewed on 3 March 1988, shows he earned the following awards during
his military service:  Air Force Good Conduct Medal (AFGCM); Air Force
Outstanding Unit Award (AFOUA); Army Achievement Medal (AAM) 2nd Award;
Expert Field Medical Badge (EFMB); Armed Forces Reserve Medal 2nd Award,
and Army Reserve Components Achievement Medal (ARCAM) 4th Award.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 1-24 contains
guidance on the recognition of Reserve Component (RC) members upon death,
discharge, or transfer to the Retired Reserve.  It states that appropriate
recognition may be extended to members of the ARNG and USAR, not on active
duty, who have distinguished themselves in the defense of the United States
over a period of many years, often at personal expense, inconvenience, and
hardship, and those who by their acts or achievements have made major
contributions to the RC. Members voluntarily electing discharge or transfer
to the Retired Reserve prior to mandatory removal from an active Reserve
status may also be considered.  The types of recognition are farewell
letters from commanding generals of the USAR General Officer Commands
(GOCOMs) and State adjutants general.  Letters of appreciation and
commendation, and/or other awards as authorized in this regulation.

8.  Paragraph 1-40 of the awards regulation contains guidance on the order
of precedence of awards and decorations.  Certificates and lapel buttons
are not included in the lists outlined.

9.  Paragraph 5-5 of the awards regulation contains guidance on the ASR.
It states, in pertinent part, that effective 1 August 1981, all members of
the Active Army, ARNG and USAR who were in an active Reserve status were
eligible for the ASR.  It further states that officers will be awarded this
ribbon upon successful completion of their basic/orientation or higher
level course.  For those officer personnel assigned a specialty, special
skill identifier, or MOS based on civilian or other service acquired
skills, this ribbon will be awarded upon honorable completion of 4 months
active service.

10.  Paragraph 6-12 of the awards regulation contains guidance on Lapel
Buttons. It states, in pertinent part, that lapel buttons are miniature
replicas of military decorations; service medals and ribbons; and
identification badges.  Lapel buttons are worn only on civilian clothing.
The buttons will be worn on the left lapel of civilian clothing for male
personnel and in a similar location for female personnel.  It indicates, in
pertinent part, that the Army Lapel Button is authorized for service in a
Ready Reserve unit organized to serve as a unit on or after 1 July 1986.

11.  Army Regulation 600-8-104 (Military Personnel Information Management
Records) prescribes the policies for the Military Personnel (MILPER)
Information Management/Records Program of the Military Personnel System.
Paragraph 4-2 contains the polices for the Personnel Qualification Record
(PQR) for ARNG and USAR officers.  Table 5-2 contains instructions for
recording entries on DA Form 2-1.  The instructions for preparing Item 9
(Awards, Decorations and Campaigns) states that all decorations, service
medals, service ribbons, badges, oak leaf clusters, numeral devices,
overseas service bars, and citations (including unit citations) and all
United States and foreign decorations a member is authorized will be
entered.  It further stipulates that letters of commendations, certificates
of achievement, and service stars will not be recorded.  There are also no
provisions for adding lapel buttons.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his records should be corrected to show
his entitlement to the ASR, Honorable Service Commemorative Medal, ARNG and
USAR Commemorative Medal, and United States Armed Forces Retired Service
Commendation Medal, and the supporting documents he submitted were
carefully considered and found to have partial merit.
2.  By regulation, members of the RC in an active status on 1 August 1981,
are entitled to the ASR.  The evidence of record in this case confirms the
applicant was serving in an active status in the USAR on this date.
Therefore, he is entitled to the ASR and it would be appropriate to add it
to his record at this time.

3.  The additional Army awards requested by the applicant are not included
in the list of authorized awards contained in the Army’s awards regulation.
 Further, it appears he was appropriately recognized with certificates and
the lapel button at the time of his transfer to the Retired Reserve, which
was appropriate.  However, there are no provisions for adding these
instruments of retirement recognition to his record.  Therefore, there is
an insufficient evidentiary basis to add additional awards and decorations
to his record at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___MKP_  ___MWS_  ___RSV_  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 and to excuse failure to timely
file.  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 to his record at this time.

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 any additional awards, or instruments of retirement recognition to
his record at this time.




            ____Margaret K. Patterson___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050006842                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/02/09                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1989/04/23                              |
|DISCHARGE AUTHORITY     |AR 140-10                               |
|DISCHARGE REASON        |Retired Reserve                         |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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