ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 17 May 2019 DOCKET NUMBER: AR20170013808 APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a Presidential Unit Citation and the Overseas Service Ribbon. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the Presidential Unit Citation should have been listed on his DD Form 214 and he feels he should have an overseas ribbon as well. 3. The applicant was inducted into the Army of the United States on 7 October 1957. 4. Section 5 (Service Outside the Continental United States) of his DA Form 24 (Service Record) shows he arrived in Bremerhaven, Germany on 21 April 1958 and departed from the same location on 26 March 1960 returning to the United States. While in United States Army Europe (USAEUR) – Germany he was assigned to Company C, 1st Battle Group, 7th Infantry. During this assignment he received "Excellent" and "Good" conduct ratings and for his efficiency rating he received "Excellent" and "Fair." He served as a cook. 5. There are no award orders in his military personnel file. 6. Section 9 (Medals, Decorations, and Citations) of his DD Form 24 shows he received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 7. On 6 October 1959 he was honorably discharged and transferred to the U.S. Army Reserve. He was issued a DD Form 214 showing in item 26 (Decorations, Medal, Badges, Commendation, Citation and Campaign Ribbons Awarded or Authorized) he received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that there was insufficient evidence to grant relief. The Board determined that no documentation was provided or found within the record showing the applicant’s unit was awarded the Presidential Unit Citation and the regulatory guidance does not support awarding the applicant the Overseas Ribbon, as award if this ribbon was not in effect at the time of the applicant’s overseas service. Therefore the applicant is not entitled to or did not meet the regulatory requirements for the awards he is requesting. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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 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. b. The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission during wartime operations as would warrant award of the Distinguished Service Cross to an individual. Orders announcing unit awards are published by the Department of the Army as general orders. c. There is no automatic entitlement to an award upon departure either from an assignment or from the service. d. It states awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in Department of the Army orders. Awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria. 3. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service. Check the Soldier's records for validity of awards. 4. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited. (The period cited is normally during wartime operations.) It also states an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170013808 4 1