RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	29 March 2007  
	DOCKET NUMBER:  AR20060013222 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Ms. Linda M. Barker

Member

Mr. Michael J. Flynn

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 request, in effect, that item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to show that he was awarded the Army Overseas Ribbon [correctly known as the Overseas Service Ribbon] and the Good Conduct Medal.

2.  The applicant states, in effect, that he served in Germany for over 2 years for entitlement to the Overseas Service Ribbon and completed 3 years of active duty service for award of the Good Conduct Medal.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record), a copy of his DA Form 24 (Service Record), and a copy of his DD Form 214 in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 13 April 1960, the date of his release from active duty.  The application submitted in this case is dated 31 August 2006 but was received for processing on 14 September 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's record shows he entered active duty on 5 June 1957.  The applicant successfully completed basic combat training at Fort Carson, Colorado, and advanced individual training at Aberdeen Proving Ground, Maryland.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 440, Metalworking Helper.



4.  He was promoted to pay grade E-4 on 21 April 1959.  He served in Germany from 19 January 1958 to 30 March 1960.  He continued to serve until he was released from active duty on 13 April 1960.  He completed 2 Years, 10 months, and 9 days of active Federal service.  He was transferred to the U.S. Army Reserve (USAR). 

5.  The applicant's DD Form 214 shows no awards.

6.  Section 4 (Chronological Record of Military Service), of his DA Form 24, shows the entry "EXC" (Excellent) for his conduct and efficiency ratings.  There is no evidence of derogatory information contained in the available records.

7.  Army Regulation 600-8-22 (Military Awards) 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.

8.  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.

9.  Review of the applicant’s service personnel records does not reveal that he was recommended or entitled to any other awards or decorations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal for the period 5 June 1957 to 13 April 1960 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.


2.  The evidence of record shows that the Overseas Service Ribbon was not established until 10 April 1981, which was after his release from active duty.  He served no period of active duty or other qualifying service for this award.  Therefore, he is not entitled to this award.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 April 1960; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 April 1963.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____e___  __LB____  __MJF__  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 showing that he was awarded the Good Conduct Medal for the period 5 June 1957 to 13 April 1960.

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 to the applicant and its addition to his DD Form 214.




______Lester Echols_____
          CHAIRPERSON




INDEX

CASE ID
AR20060013222
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070329
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19600413
DISCHARGE AUTHORITY
AR 635-250
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.