PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 June 2002
         DOCKET NUMBER: AR2002068446

         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Arthur A. Omartian		Member
Ms. Regan K. Smith		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, in effect, awards and decorations to which he is entitled.

3. The applicant states that he never received any awards, medals or badges for military exercises in which he participated, specifically Exercise Bold Eagle in Florida in 1977; Reforger 1978 in East and West Germany; and Exercise Steel Scorpion 1979 at Fort Irwin, California. He also stated that he never received a Good Conduct Medal or unit citations and badges.

4. The applicant’s military records show that he entered active duty on 27 August 1976 and completed training as a tank turret repairman. He was assigned to a maintenance battalion at Fort Polk, Louisiana, where he remained until his honorable separation from active duty on 24 August 1979.

5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Separation from Active Duty) shows only award of the Expert Marksmanship Badge.

6. There is no evidence in the applicant’s records that he received or that he was recommended for any personal decorations for achievement or for meritorious service.

7. Based on the regulation governing awards, service medals and service ribbons are not awarded for participation in training exercises. Historically, the National Defense Service Medal, the Army Service Ribbon and the Overseas Service Ribbon have been awarded for qualifying Army service. There is no evidence that the applicant served a period of qualifying service which qualified him for or otherwise entitled him to any of these service awards.

8. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. There is no indication of indiscipline in his records.

9. There is no indication in the applicant’s service records which shows that the unit to which he was assigned during his active duty service was cited for award of a unit citation.

10. Army Regulation 600-8-22 (Military Awards) requires that award of personal decorations require formal recommendations, approval through the chain of command, and announcement in orders. Further recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. There are regulatory provisions for lost recommendations but not for late recommendations or reconsideration.
11. 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.

12. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

13. 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.

14. 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. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

15. 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 Germany which is 36 months if accompanied by dependents and 24 months for all others.

16. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that 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.


17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) and the U.S. Total Army Personnel Command, Military Awards Branch Home Page list the unit awards received by units from the Vietnam War to the present. These documents do not show that the unit to which the applicant was assigned, the 705th Maintenance Battalion, was cited for any unit awards during the period of his assignment from 4 January 1977 through 24 August 1979.

CONCLUSIONS:

1. There is no evidence the applicant received or was recommended for any personal decorations. Therefore, there is no basis to amend his records to show any personal decorations.

2. The applicant is entitled to the first award of the Good Conduct Medal for the period 27 August 1976 through 24 August 1979 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

3. The applicant’s service did not occur during a period when the National Defense Service Medal was authorized for award; therefore, there is no basis for award of the National Defense Service Medal to the applicant.

4. The applicant did not serve a period of active duty which qualified him for award of the Army Service Ribbon; therefore there is no basis for award of the Army Service Ribbon to the applicant.

5. The applicant did not serve a period of active duty which qualified him for award of the Overseas Service Ribbon; therefore there is no basis for award of the Overseas Service Ribbon to the applicant.

6. There is no evidence the unit, to which the applicant was assigned during his Army service, was cited for a unit award or citation while he was a member of that unit. Therefore, there is no basis for amending the applicant’s records to show a unit award.

7. 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 awarding the individual concerned the first award of the Good Conduct Medal for the period 27 August 1976 through 24 August 1979.

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

BOARD VOTE:

__AAO__ __RKS___ __JLP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Ms. Jennifer L. Prater__
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002068446
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020604
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.