PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 June 2000       
	DOCKET NUMBER:   AR1999031897

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Stueve		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (Seventh Oak Leaf Cluster) and four awards of the Overseas Service Bar.    

3.  The applicant states that he served two years in Vietnam and received the eighth award of the Army Commendation Medal at his retirement.  In support of his application, he submits a copy of his retirement DD Form 214.  

4.  The applicant’s military records show that he completed over 21 years of active duty on 31 May 1987 when he retired in the rank of sergeant first class.

5.  The applicant’s retirement DD Form 214 with an effective date of 31 May 1987 does not show the Army Commendation Medal (Seventh Oak Leaf Cluster) or four awards of the Overseas Service Bar as authorized awards. 

6.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Army Commendation Medal (Seventh Oak Leaf Cluster).  The applicant’s retirement DD Form 214 shows the “Army Commendation Medal (6)” as an authorized award.  Item 9 (Awards, Decorations & Campaigns) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows entitlement to the Army Commendation Medal (Sixth Oak Leaf Cluster).  

7.  The applicant’s retirement DD Form 214 shows three awards of the Overseas Service Bar.  Item 5 (Oversea Service) on the applicant’s DA Form 2-1 shows the applicant served in Vietnam from 13 February 1969 to 12 February 1970 and from 16 February 1971 to 15 January 1972.  His first tour of duty in Vietnam was 12 months, but his second tour of duty in Vietnam was only 11 months. 

8.  The applicant’s retirement DD Form 214 shows three awards of the Overseas Service Ribbon.  Item 5 (Oversea Service) on the applicant’s DA Form 2-1 shows he served 5 overseas assignments during his active duty service.   

9.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific timeframes and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole month for credit toward the Overseas Service Bar.
10.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army 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 oversea tours.  The award may be awarded retroactively to those personnel who were credited with a normal oversea tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the oversea 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.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he received his eighth award of the Army Commendation Medal at his retirement.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was awarded the Army Commendation Medal (Seventh Oak Leaf Cluster).  Therefore, he is not entitled to correction of his military records to show this award.    

2.  The applicant’s DD Form 214 with an effective date of 31 May 1987 shows three awards of the Overseas Service Bar.  Evidence of record shows the applicant served 23 months in Vietnam.  In accordance with the governing regulation, the applicant is entitled to three awards of the Overseas Service Bar for his service in Vietnam based on two awards of the Overseas Service Bar for his first tour of duty of 12 months in Vietnam, but only one award for his second tour of duty in Vietnam since he only completed 11 months of oversea service.  Therefore, he is not entitled to four awards of the Overseas Service Bar.    

3.  The applicant’s DD Form 214 with an effective date of 31 May 1987 shows three awards of the Overseas Service Ribbon.  However, evidence of record shows the applicant served 5 overseas assignments during his active duty service.  Therefore, the applicant is entitled to correction of his military records to show five awards of the Overseas Service Ribbon.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by deleting the entry “Overseas Service Ribbon (3)” from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 31 May 1987 of the individual concerned; and

	b.  by adding the entry “Overseas Service Ribbon (5)” in item 13 on his DD Form 214 with an effective date of 31 May 1987. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

MKP____  ESC____  JPS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999031897	
SUFFIX		
RECON		
DATE BOARDED	20000607	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19870531	
DISCHARGE AUTHORITY	AR 635-200 Chapter 12  	
DISCHARGE REASON	For length of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0079	
3.		
4.		
5.		
6.