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 2 Enclosures 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 item 26 of his DD Form 214 for the period ending 31 July 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 (5th Award) _____________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 (5th Award). 2. The applicant states: a.  He retired in 1978 and he was recalled to active duty in 1994 for a period of 5 days 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 (5th Award) 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 Orders F-03-775194, dated 24 March 1994 * DD Form 214 (Report of Separation from Active Duty) for the period ending 31 July 1978 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. The applicant enlisted in the Regular Army on 4 August 1955 for a period of 3 years. 3. He reenlisted on: * 9 April 1958 for a period of 3 years * 9 April 1961 for a period of 6 years * 9 April 1967 for a period of 6 years * 9 April 1973 for a period of 4 years 4. On 4 February 1977, he extended for a period of 4 months to complete a normal overseas tour. 5. On 9 August 1977, he reenlisted for a period of 4 years. 6. On 1 March 1978, he submitted a DA Form 2339 (Application for Voluntary Retirement). 7. His DA Form 398 (Statement of Personal History), dated 2 March 1978, shows he married on 10 May 1958 in Saint Die, Vosges, France, and his wife entered the United States on 1 July 1960. 8. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service): * U.S. Army Europe-France from 19 July 1956 through 1 July 1960, 47 months * Joint U.S. Military Mission for Aid Turkey from 15 February 1963 through 3 August 1967, 53 months * U.S. Army Pacific-Vietnam from 1 July 1968 through 4 June 1969, 11 months * Supreme Headquarters Allied Powers Europe-Belgium from 22 June 1969 through 21 June 1975 (pencil entry – the number of months is not recorded) * item 39 (Campaigns) – three campaigns 9. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows, in part: * U.S. Army Europe-Belgium from 22 June 1969 through 20 May 1975, 71 months * African-Middle Eastern Area-Turkey during the period 20 May 1975 to 19 June 1979, 49 months 10. On 31 July 1978, he retired. His DD Form 214 covering the period 9 August 1977 to 31 July 1978 shows in: * item 18c (Total Active Service) – 22 years, 11 months, and 28 days * item 18f (Foreign and/or Sea Service This Period) – 11 months and 22 days * item 26 (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 DD Forms 214. REFERENCES: 1. Army Regulation 600-8-22 (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 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 as defined above on or after 1 August 1981. b.  The Overseas Service Ribbon 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 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 1 August 1981 provided they had an Active Army status as defined above on or after 1 August 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 Regulation 614-30 (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 United States as areas in which the U.S. Armed Forces are engaging or have engaged in combat. On 1 January 1964, Vietnam was declared a combat area by Executive Order Number 11216. 4. Army Regulation 614-30 (Overseas Service), in effect at the time, stated if an individual served at least 5 months 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, appendix Q (Outside the Continental United States Tour Lengths/Tours of Duty, Joint Federal Travel Regulation/Joint Travel Regulation), part 1 (Department of Defense Members), provides tour lengths for areas outside the continental United States. Relevant tour lengths currently in effect are as follows: * Belgium – * accompanied – 36 months * unaccompanied – 24 months * France – * accompanied – 36 months * unaccompanied – 24 months * Turkey (restricted) – * accompanied – 24 months * unaccompanied – 12 or 15 months * Vietnam – * accompanied – 36 months * unaccompanied – 24 months 6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Prior to 1 October 1979, a DD Form 214 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 8 April 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 1 August 1981 on 8 April 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 (5th Award). 3. As a related matter, he served in Vietnam from 1 July 1968 through 4 June 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