RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040010455


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
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, the Overseas Service Ribbon, the Army Good Conduct
Medal, and 3 years foreign service credit.

2.  The applicant states, in effect, that he earned these awards during his
service.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error, which occurred
on 24 August 1962.  The application submitted in this case is dated 15
November 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 1 September 1959 for a
period of 3 years.  He completed the required training and was awarded the
military occupational specialty 612.10 (Construction Machine Operator).

4.  The applicant’s DA Form 24 (Service Record) shows in section 1
(Appointments, Promotions, or Reductions), that he received a temporary
promotion to private first class on 18 May 1960.  He was subsequently
promoted to private first class on
8 June 1961 and that this is the highest rank he held while serving on
active duty.
Section I also shows that he was reduced to private E-2 on 19 September
1961.

5.  Section II (Chronological Record of Military Service), shows that while
assigned to Company C, 12th Engineer Battalion (Infantry Division) in
Germany, he received excellent and less than excellent (“Good”) conduct and
efficiency ratings.



6.  Section 5 (Service Outside the Continental United States) of the
applicant’s DA Form 24 shows he served in Germany from 12 February 1960 to
24 August 1962.  Section 9 (Medals, Decorations, and Citations) shows he
was awarded the Sharpshooter Qualification Badge with Rifle Bar (M-14).
This award is not shown on the applicant’s DD Form 214.

7.  The applicant’s DA Form 24 (Service Record) shows in section 1
(Appointments, Promotions, or Reductions) that the applicant was reduced
in rank to private/pay grade E-2 for misconduct.

8.  The applicant’s record contains a DA Form 26 (Record of Court-Martial
Conviction) which shows the applicant received a summary court-martial on
6 September 1961 for willfully disobeying a lawful command from his
superior officer and being drunk while in uniform in a public place.  His
punishment consisted of reduction to the grade private E-2, forfeiture of
$25 per month for one month, and restriction to the limits of the 12th
Engineer Battalion for 45 days.

9.  On 24 August 1962, the applicant was separated after completing 2
years,
11 months and 24 days of active military service.  The applicant
authenticated his DD Form 214 with his signature in item 34 (Signature of
Person Being Transferred or Discharged).

10.  The applicant’s DD Form 214 shows in item 24c (Foreign and/or Sea
Service) that he completed 2 years, 6 months, and 22 days of foreign
service.

11.  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.

12.  The Army Service Ribbon was established on 10 April 1981 and is
awarded to members for successful completion of initial entry training.  It
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 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service

14.  Army Regulation 600-8-22, (Military Awards), chapter 4, contains
guidance on award of the Army Good Conduct Medal.  It states it 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.

15.  The National Defense Service Medal (NDSM) is awarded for honorable
active service for any period between 27 June 1950 and 27 July 1954, both
dates inclusive, between 1 January 1961 and 24 August 1974, both dates
inclusive, and between 2 August 1990 and 30 November 1995, both dates
inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show the Army
Service Ribbon and the Overseas Service Ribbon.  However, he did not serve
a period of active duty which qualified him for award of the Army Service
Ribbon or the Overseas Service Ribbon; therefore, there is insufficient
evidence upon which to base these awards.

2.  The applicant contends that his records should be corrected to reflect
3 years of foreign service.  However, there is no evidence in the available
records that show he served 3 years in Germany.  The applicant’s DD Form
214 confirms his foreign service as 2 years, 6 months, and 22 days is
consistent with documents contained in his military personnel records.
Therefore, there is no basis for granting the applicant additional foreign
service credit.

3.  The applicant’s claim of entitlement to the Army Good Conduct Medal was
also carefully considered.  However, although he completed a qualifying
period to be eligible for the first award of the Army Good Conduct Medal,
he received a summary court-martial and reduction in rank for misconduct.
As a result, there is sufficient derogatory information on file to presume
his unit commander did not recommend he receive the award.
4.  The applicant served a qualifying period of service for the National
Defense Service Medal.  Therefore he is entitled to correction of his
records to show this award.

5.  The applicant’s records show he earned the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-14).  Therefore, his records should
be corrected to show this award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 August 1962; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 23 August 1965.  The applicant did not file within the
3-year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

7.  Evidence shows that the applicant’s records contain administrative
error, which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SK __  __BJE  __  __RTD __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.




2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show the Sharpshooter Qualification Badge with Rifle Bar (M-
14) and the National Defense Service Medal.





                                  _____ Stanley Kelley_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010455                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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