PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                 16 January 2003
	DOCKET NUMBER:        AR2002077298

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Marla J. Troup		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 records to show the Overseas Service Ribbon, the Army Service Ribbon and the Good Conduct Medal.

3.  The applicant states, in effect, that he was never issued these awards.  He submitted a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application. 

4.  The applicant’s military records show that he enlisted on 20 February 1979 for a period of three years.  He successfully completed one station unit training at Fort Gordon, Georgia, and was awarded military occupational specialty (MOS)
05C (radio teletype operator).  The applicant served in Italy from 2 July 1979 through 29 September 1981 and was honorably discharged on 25 November 1981.

5.  The applicant's DD Form 214 shows the entry “NONE” in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).

6.  Item 5 (Oversea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he completed a normal overseas tour in Italy from 2 July 1979 through 29 September 1981.  His DD Form 214 shows he completed 2 years, 2 months and 28 days of foreign service.

7.  The applicant's personnel records contain Headquarters U.S. Army Signal Center and Fort Gordon Orders 111-49, dated 7 June 1979, which assigned him to Italy unaccompanied by dependents.

8.  The applicant's DA Form 2-1 shows he successfully completed advanced individual training and was awarded MOS 05C.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His personnel records shows he received nonjudicial punishment on 20 March 1980 for operating a passenger car while drunk.  

10.  Army Regulation 600-8-22 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 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.  
11.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Table B-1 of the regulation lists overseas tour length and specifically tour length for Italy which is 36 months if accompanied by dependents and 24 months for all others.

12.  Army Regulation 600-8-22 shows that the Army 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 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 on or after 1 August 1981.

13.  Army Regulation 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.  

CONCLUSIONS:

1.  Records show the applicant served in Italy from 2 July 1979 through 29 September 1981 (a period of 2 years, 2 months and 28 days) unaccompanied by dependents.  

2.  Based on Table B-1 of Army Regulation 614-30 (Overseas Service), the tour length for an "all others" tour in Italy is 24 months.  Therefore, the applicant is entitled to award of the Overseas Service Ribbon and correction of his records to show this award.

3.  Evidence of record shows the applicant successfully completed initial entry training and was in an active duty status after 1 August 1981.  Therefore, he is entitled to award of the Army Service Ribbon and correction of his records to show this award.

4.  There are no orders awarding the applicant the Good Conduct Medal.  Although there is no indication the applicant’s chain of command disqualified him from award of the Good Conduct Medal, his record shows he received nonjudicial punishment for operating a passenger car while drunk.  This act of indiscipline is a disqualifying factor for award of the Good Conduct Medal.  Therefore, the Board determined that the applicant is not eligible for award of the Good Conduct Medal and there is no basis for awarding the Good Conduct Medal in this case.

5.  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 by showing the individual concerned was awarded the Overseas Service Ribbon and the Army Service Ribbon.

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

BOARD VOTE:  

RVO____  AAO____  MJT_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2002077298	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	Y20030116	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.