AR20150010099

IN THE CASE OF:

BOARD DATE: 26 May 2016

DOCKET NUMBER: 20150010099

BOARD VOTE:

____X_____ ___X____ ____X____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 26 May 2016

DOCKET NUMBER: 20150010099

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item26 of his DDForm214 for the period ending 31July 1978 as follows:

* deleting award of the Vietnam Service Medal
* adding the following awards

* Vietnam Service Medal with three bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon (5thAward)

_____________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.

IN THE CASE OF:

BOARD DATE: 26 May 2016

DOCKET NUMBER: AR20150010099

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 records to show award of the Army Service Ribbon and Army Overseas Service Ribbon (5thAward).

2. The applicant states:

a.He retired in 1978 and he was recalled to active duty in 1994 for a period of 5days to participate in Army Retiree Recall Exercise Certain Sage.

b.He believes he is eligible or both the Army Service Ribbon and Army Overseas Service Ribbon (5thAward) for his overseas service in:

* France from 1956 to 1960
* Turkey from 1963 to 1967
* Vietnam from 1968 to 1969
* Belgium from 1969 to 1975
* Turkey from 1975 to 1978

c.The awards were authorized after he retired and before he was recalled to active duty.

3. The applicant provides:

* U.S.Army Reserve Personnel Center OrdersF-03-775194, dated 24March 1994
* DDForm214 (Report of Separation from Active Duty) for the period ending 31July 1978

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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 enlisted in the Regular Army on 4August 1955 for a period of 3years.

3. He reenlisted on:

* 9April 1958 for a period of 3years
* 9April 1961 for a period of 6years
* 9April 1967 for a period of 6years
* 9April 1973 for a period of 4years

4. On 4February 1977, he extended for a period of 4months to complete a normal overseas tour.

5. On 9August 1977, he reenlisted for a period of 4years.

6. On 1March 1978, he submitted a DAForm2339 (Application for Voluntary Retirement).

7. His DAForm398 (Statement of Personal History), dated 2March 1978, shows he married on 10May 1958 in SaintDie, Vosges, France, and his wife entered the UnitedStates on 1July 1960.

8. His DAForm20 (Enlisted Qualification Record) shows in:

* item31 (Foreign Service):
* U.S.Army Europe-France from 19July 1956 through 1July 1960, 47months
* Joint U.S.Military Mission for Aid Turkey from 15February 1963 through 3August 1967, 53months
* U.S.Army Pacific-Vietnam from 1July 1968 through 4June 1969, 11months
* Supreme Headquarters Allied Powers Europe-Belgium from 22June 1969 through 21June 1975 (pencil entry the number of months is not recorded)

* item39 (Campaigns) three campaigns

9. Item5 (Oversea Service) of his DAForm2-1 (Personnel Qualification Record PartII) shows, in part:

* U.S.Army Europe-Belgium from 22June 1969 through 20May 1975, 71months
* African-Middle Eastern Area-Turkey during the period 20May 1975 to 19June 1979, 49months

10. On 31July 1978, he retired. His DDForm214 covering the period 9August 1977 to 31July 1978 shows in:

* item18c (Total Active Service) 22years, 11months, and 28days
* item18f (Foreign and/or Sea Service This Period) 11months and 22days
* item26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) no award of the Army Service Ribbon or Overseas Service Ribbon

11. His records are void of and he failed to provide evidence of any previously issued DDForms214.

REFERENCES:

1. Army Regulation600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

a.The Army Service Ribbon was established by the Secretary of the Army on 10April 1981. Effective 1August 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 1August 1981 provided they had an Active Army status as defined above on or after 1August 1981.

b.The Overseas Service Ribbon was established by the Secretary of the Army on 10April 1981. Effective 1August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1August 1981 provided they had an Active Army status as defined above on or after 1August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

c.A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

2. Army Regulation614-30 (Enlisted Assignments and Utilization Management) provides policy and guidance on the eligibility and selection criteria for overseas service and establishment of tour lengths for overseas areas. Equitable distribution of duty assignments is made considering both desirable and undesirable locations within a given military skill and grade. Reasonable efforts are made to minimize periods of forced family separations. Accompanied tour are not allowed in combat zone areas.

3. Combat zones are designated by an executive order from the President of the UnitedStates as areas in which the U.S.Armed Forces are engaging or have engaged in combat. On 1January 1964, Vietnam was declared a combat area by Executive Order Number11216.

4. Army Regulation614-30 (Overseas Service), in effect at the time, stated if an individual served at least 5months of the normal oversea tour, completed tour credit was given. Soldiers completing 5 or more months in Vietnam and subsequently deployed to another short tour area in a permanent change of station status prior to completion of a normal tour were credited with a completed tour in Vietnam, provided that a normal short tour was completed cumulatively in both locales.

5. Joint Travel Regulation, appendixQ (Outside the Continental UnitedStates Tour Lengths/Tours of Duty, Joint Federal Travel Regulation/Joint Travel Regulation), part1 (Department of Defense Members), provides tour lengths for areas outside the continental UnitedStates. Relevant tour lengths currently in effect are as follows:
* Belgium

* accompanied 36months
* unaccompanied 24months

* France

* accompanied 36months
* unaccompanied 24months

* Turkey (restricted)

* accompanied 24months
* unaccompanied 12 or 15months

* Vietnam

* accompanied 36months
* unaccompanied 24months

6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DDForm214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Prior to 1October 1979, a DDForm214 was prepared for Soldiers discharged for immediate reenlistment in the Regular Army.

DISCUSSION:

1. The applicant’s 5-day period of active duty service beginning on 8April 1994 placed him in an active duty status and retroactively qualified him for award of the Army Service Ribbon.

2. The applicant was placed in an active duty status after 1August 1981 on 8April 1994. He met the requirements for oversea tour credit for his five overseas assignments in Belgium, France, Vietnam, and twice in Turkey. Based on his completed overseas assignments, he met the eligibility requirements for retroactive award of the Overseas Service Ribbon (5thAward).

3. As a related matter, he served in Vietnam from 1July 1968 through 4June 1969 and he participated in three campaigns. He is authorized the Vietnam Service Medal with three bronze service stars.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) 20150010099

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150010099

6

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2