RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2005
      DOCKET NUMBER:  AR20050004987


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. Laverne M. Douglas            |     |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 Commendation Medal, the Army Good Conduct Medal (3rd Award), the Army
Occupation Medal, and the Overseas Service Ribbon (Numeral 3).

2.  The applicant states, in effect, that he was selected as the Non-
commissioned Officer of the Year of the 23rd Engineer Battalion.  He states
that battalion policy was that the awardee shall receive an Army
Commendation Medal.  He further states that he should receive the Army Good
Conduct Medal (3rd Award).

3.  The applicant continues that he was attached to the Berlin Brigade for
over
60 days and was stationed in Germany three times the normal tour length
which makes him eligible for the Army of Occupation Medal and the Overseas
Service Ribbon (Numeral 3).

4.  The applicant provides a DD Form 214 (Certificate of Release or
Discharge from Active Duty) with the period ending 11 September 1989 and a
copy of Helmstedt to Berlin Movement Orders, dated 18 March 1985.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 September 1989.  The application submitted in this case is
dated 23 March 2005.

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 limitations 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 requested correction of his records to show award of the
Army Commendation Medal.  There are no orders or other evidence authorizing
award of this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request award of the
Army Commendation Medal under the provisions of Section 1130, Title 10,
United States Code.  He has been notified by separate correspondence of the
procedures for applying for the decoration under section 1130 and, as a
result, it will not be discussed further in this record of Proceedings.
4.  The applicant enlisted in the Regular Army on 3 July 1982 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 12B (Combat Engineer).

5.  The applicant arrived in Germany and was assigned to D Company, 23rd
Engineer Battalion, on or about 2 June 1982.  His records show at least on
two instances he received approved foreign service tour extensions, on June
1984 and April 1987.  He was reassigned to A Company, 23rd Engineer
Battalion on    8 May 1987.  He was granted an overseas separation and was
honorably released from active duty on 11 September 1989 in the rank of
Staff Sergeant/E-6 after completing 7 years, 7 months, and 8 days of
creditable active service with no time lost and was transferred to the
United States Army Reserve Control Group.

6.  The applicant's DD Form 214 for the period ending 11 September 1989
shows he was awarded the Army Good Conduct Medal (2nd Award), the Army
Service Ribbon, the Drivers Mechanic Badge, the Army Achievement Medal (2nd
Award), and the Non-commissioned Officer Professional Development Ribbon
(Numeral 2).  Item 12f (Foreign Service) shows 7 years, 3 months, and 13
days.

7.  There are no orders in the applicant's records that show he was
assigned or attached to the Berlin Brigade in Germany.

8.  There are no orders in the applicant's records that show he was awarded
the Army Good Conduct Medal (3rd Award).

9.  The applicant submitted a copy of Helmstedt to Berlin Movement Orders,
dated 18 March 1985 that show between 18 March 1985 through 24 September
1985 travel was authorized to Berlin.

10.  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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, and escort on temporary or detached duty
are precluded from eligibility.  The Army of Occupation Medal with Germany
Clasp is for authorized for service in the Army of Occupation of Berlin
between 9 May 1945 and 2 October 1990.

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

DISCUSSION AND CONCLUSIONS:

1.  Evidence of records shows the applicant received the Army Good Conduct
Medal (2nd Award).  Since he had completed only a total of 7 years, 7
months, and 8 days of creditable active service, he does not have the
qualifying service of three years of continuous enlisted active Federal
military service for him to be considered for the Army Good Conduct Medal
(3rd Award).

2.  Evidence of record shows that the applicant spent his entire service in
Germany while assigned to the 23rd Engineer Battalion.  Movement orders
provided by the applicant do not show that he was assigned or attached to
the Berlin Brigade for a normal post of duty.  There is no evidence that
shows he served a period of qualifying service in Berlin for award of the
Army of Occupation Medal (Germany).

3.  The applicant is eligible for award of the Overseas Service Ribbon.  He
may have served over 7 years on that tour, but he had extended his original
tour.  He did not start a new tour.  Therefore, he is eligible for award of
one Overseas Service Ribbon.  His DD Form 214 should be amended to add this
award.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 September 1989; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
10 September 1992.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SK_ _  _ MHM __  __ LMD _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending his DD Form
214 to show award of the Overseas Service Ribbon.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Army Good Conduct Medal (3rd Award), the Army of Occupation
Medal (Germany), and the Overseas Service Ribbon (Numeral 3).





                                  _____ Mr. Stanley Kelley ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004987                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |29 November 2005                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0020.0000                           |
|2.                      |107.0020.0000                           |
|3.                      |107.0060.0000                           |
|4.                      |107.0079.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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