RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 December 2006
      DOCKET NUMBER:  AR20060006497


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Mr. Frank Jones                   |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 award of the National Defense Service Medal, the
Overseas Service Ribbon, the Soldier’s Medal, the Good Conduct Medal, and
the Army Service Ribbon.

2.  The applicant states, in effect, that he is entitled to the National
Defense Service Medal because he served on active duty between 1 January
1961 and 17 August 1961; the Overseas Service Ribbon because he served in
Germany for 1 year, 7 months, and 5 days; the Soldier’s Medal because he
voluntarily served as a mechanic and driver in a high risk area near the
Czechoslovakian border where hostile actions were known to occur; the Good
Conduct Medal because he did his job well throughout his tour of duty and
he was promoted to specialist four before his release from active duty; and
the Army Service Ribbon because he successfully completed infantry basic
training and track vehicle training.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge), an Honorable Discharge Certificate from the U.S. Army Reserve,
and a Certificate of Proficiency.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
17 August 1961.  The application submitted in this case is dated 1 May
2006.

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
Soldier’s Medal.  There are no orders or other evidence authorizing award
of the Soldier’s Medal to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Soldier’s Medal under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for this decoration under Section 1130 and, as
a result, it will not be discussed further in this Record of Proceedings.
4.  The applicant enlisted on 28 August 1958 for a period of 3 years.  He
served in Germany from 13 January 1960 through 7 August 1961.  On 17 August
1961, the applicant was released from active duty in the temporary rank of
specialist four after completing 2 years, 11 months, and 20 days of
creditable active service with no time lost and he was transferred to the
U.S. Army Reserve (USAR).   He was honorably discharged from the USAR on 31
July 1964.

5.  The applicant’s DD Form 214 shows the entry, “NONE” in item 26
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized).

6.  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 DA Form 24
(Service Record) shows he received conduct and efficiency ratings of
“excellent” throughout his service.

7.  Army Regulation 600-8-22 (Military Awards) 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, 2 August 1990 through 30 November 1995, and 11
September 2001 to a date to be determined.

8.  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.

9.  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
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.
However, there was no right or entitlement to the medal until the immediate
commander made positive recommendation for its award and until the awarding
authority announced the award in General Orders.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of qualifying service for award of the
National Defense Service Medal.  Therefore, his DD Form 214 should be
corrected to show this medal.

2.  The applicant was separated in the temporary rank of specialist four
with almost three years of creditable active service with no time lost.
Therefore, it appears the applicant met the eligibility criteria for the
first award of the Good Conduct Medal for the period 28 August 1958 through
17 August 1961 based on completion of a period of qualifying service ending
with the termination of a period of Federal military service.

3.  Since the applicant did not have an Active Army status on or after 1
August 1981, there is no basis for granting his requests for the Overseas
Service Ribbon or the Army Service Ribbon.

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 17 August 1961; therefore, the time for the
applicant to file a request for correction of any error expired on 16
August 1964.  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

AR____  _FJ_____  __QS____  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:

      a.  awarding him the first award of the Good Conduct Medal for the
period 28 August 1958 through 17 August 1961; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and the
National Defense Service Medal.

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 Overseas Service Ribbon and the Army Service Ribbon.




                            __Allen Raub____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006497                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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