RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            FEBRUARY 23, 2004                  
	DOCKET NUMBER:   AR2003090828

	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. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert Duecaster		Member	
	Mr. Melvin H. Meyer		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 the Overseas Service Ribbon, the Army Reserve Components Achievement Medal, and that the Good Conduct Medal be added to his separation document.

2.  The applicant states, in effect, that he served with the Florida Army National Guard for 6 years and completed his enlistment and did not receive a Good Conduct Medal; that the Army Reserve Components Achievement Medal was not put on his separation document; and that he served overseas in Norway from 15 February through 16 March 2003 and the Overseas Service Ribbon was not given him on his release from this short period of active duty.

3.  The applicant provides a copy of his report of separation and record of service with the Florida Army National Guard, a copy of his Honorable Discharge Certificate, a copy of a permanent order which awards him the Army Achievement Medal, a copy of a certificate which awards him the Florida Commendation Medal, a copy of an address status and verification, and a copy of orders for active duty for training published by the Department of Military Affairs in the State of Minnesota, to support his application.

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s military records show that he enlisted in the rank and pay grade of Private First Class, E-3, for 6 years, in the Florida Army National Guard, on 2 May 1990.

2.  The applicant was ordered to active duty for training (ADT) to undergo basic and advanced individual training on 17 May 1990.  He completed basic combat training at Fort Jackson, South Carolina, and was sent to Fort Sam Houston, Texas, to attend advanced individual training in the military occupational specialty, 91A (Medical Specialist).

3.  The applicant was released back to his unit, Headquarters and Headquarters Battery, 2nd Battalion, 265th Air Defense Artillery, Longwood, Florida, with an uncharacterized DD Form 214, Certificate of Release or Discharge from Active Duty, after his ADT, in the rank and pay grade, Private First Class, E-3, on 2 October 1990.  He had completed 4 months and 16 days active Federal service on his release from active duty.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service) shows that he was awarded the Army Service Ribbon and the Marksman Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar.  The Overseas Service Ribbon, the Good Conduct Medal and the Army Reserve Components Achievement Medal are not shown in Block 13 of his DD Form 214.

4.  The applicant served in the Florida Army National Guard and as a Reserve until 1 May 1996, the expiration date of his enlistment commitment.  The applicant was provided a NGB Form 22 (Report of Separation and Record of Service) to document his service in the Florida Army National Guard.  On this date, he was transferred to the USAR Control Group (Annual Training) in the rank and pay grade, Specialist Four, E-4, to complete the remainder of his military service obligation under the Universal Military Training and Service Act.

5.  Block 14 (Awards and Decorations) of the NGB Form 22 shows that he was awarded the Army Service Ribbon; the National Defense Service Medal; the Army Achievement Medal; the Noncommissioned Officer Professional Development Ribbon, with Numeral 1; the Florida Meritorious Service Ribbon, with one oak leaf cluster; the Florida Active State Duty Ribbon, with one oak leaf cluster; the Florida Commendation Medal; and the Humanitarian Service Medal, with one oak leaf cluster.  The Overseas Service Ribbon, the Good Conduct Medal and the Army Reserve Components Achievement Medal are not shown in Block 14 of the NGB Form 22.

6.  On 1 April 2003 the applicant enlisted in the Minnesota Army National Guard for a period of 3 years, in the pay grade E-5.

7.  The applicant was ordered to active duty for training in compliance with State of Minnesota, Department of Military Affairs, Office of the Adjutant General, Orders 043-070, published on 12 February 2003, for the period 18 February through 7 March 2003 to attend Norwegian Exchange in Bergen, Norway.

8.  Army Regulation (AR) 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond.

9.  The Army Reserve Components Achievement Medal is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve Troop Program Unit for each four-year period since 3 March 1972.  Effective 28 March 1995, the period of qualifying service for the award was reduced from four years to three years; however, this change was not retroactive.  Service must have been consecutive and service performed in the Reserve Component of the U.S. Air Force, Navy, Marine Corps, or Coast Guard may not be credited for award of this medal.  The member must 

have exhibited honest and faithful service in accordance with the standards of conduct, courage and duty required by law and customs of the service of a member of the same grade as the individual to whom the standard is being applied.  His/her unit commander must recommend a member for the award.

10.  AR 600-8-22 shows that the Secretary of the Army established the Overseas Service Ribbon on 10 April 1981.  The regulation states, in pertinent part, that 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 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  AR 614-30 provides policy and guidance on the eligibility and selection criteria for overseas service in a permanent change of station (PCS), temporary change of station (TCS) and temporary duty (TDY) status under routine conditions as well as during mobilization, contingency operations and deployments.  This regulation establishes tour lengths for overseas areas and policies and guidance on the curtailment, voluntary and involuntary overseas tour extensions, and consecutive overseas tours.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is not eligible for award of the Overseas Service Ribbon.  He was deployed to Norway on a temporary duty status while he was on active duty for training.  The normal overseas tour length for a completed tour of duty in Norway is 36 months, with dependents, and 24 months for an "all others" tour.  The applicant was in Norway for no more than 18 days.

2.  The applicant was a member of the Florida Army National Guard.  He did not serve on extended active duty and therefore, he did not meet the criteria for award of the Good Conduct Medal; hence, he is not eligible for award of the Good Conduct Medal and to have it added to his separation document.

3.  The evidence of record shows that the applicant exhibited honest and faithful service in accordance with the standards of conduct, courage and duty required by law and customs of the service of a member of his grade.  During his service in the Florida Army National Guard, he was awarded 10 service, achievement, or 

commendation awards, which demonstrate the level of his efficiency and faithful service.  It appears that the applicant not being awarded the Army Reserve Components Achievement Medal was related to administrative oversight rather than negative action on his part.  The applicant is therefore eligible for award of the Army Reserve Components Achievement Medal for the period 2 May 1990 through 1 May 1994.

BOARD VOTE:

rjw______  mm_____  rd______  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  That insofar as records of the Florida Army National Guard are concerned, the Army Board for the Correction of Military Records recommends that the Adjutant General of the State of Florida correct all records related to this case by adding the Army Reserve Components Achievement Medal to Block 14, of the NGB Form 22, which was issued to the applicant on his separation from the Florida Army National Guard on 1 May 1996.

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 award and addition of the Overseas Service Ribbon and the Good Conduct Medal to the applicant's separation document from the Florida Army National Guard.  

		___Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2003090828	
SUFFIX		
RECON		
DATE BOARDED	20040219	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  102	107.0056	
3.  125	107.0079	
4.  104	107.0058	
5.		
6.