RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 December 2007
	DOCKET NUMBER:  AR20070005369 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Jerome L. Pionk 

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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Good Conduct Medal, Army of Occupation Medal, the National Defense Service Medal, and Overseas Service Bars.  

2.  The applicant states, in effect, that the awards were not added to his DD Form 214 at the time of his separation from service. 

3.  The applicant provides no additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Army on 5 September 1958 for a period of three years.  After completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 321.00 (Lineman).  

3.  The applicant's DD Form 214 shows that on 4 September 1961, he was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  The applicant's DD Form 214 also shows he completed a total of 3 years of creditable Federal military service with no time lost and the highest rank he attained while serving on active duty was specialist four/pay grade E-4.  

4.  Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows he had 1 year, 11 months, and 25 days of overseas service.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded of the Good Conduct Medal, the Army of Occupation Medal, the National Defense Service Medal, or the Overseas Service Bar.  

6.  Item 33 (Record of Assignments) of the applicant's DD Form 20 (Enlisted Qualification Record) shows he was assigned overseas in Germany with the
16th Aviation Operations Detachment during the period 2 March 1959 through 17 March 1960, and with Company A of the 32nd Signal Battalion during the period 18 March 1960 through 30 March 1961.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that all of his recorded conduct and efficiency ratings were excellent throughout his tour of service.

8.  There are no general orders in the applicant's records to show he was awarded the Good Conduct Medal, the Army of Occupation Medal, the National Defense Service Medal, or Overseas Service Bars.

9.  A review of the applicant's service records of this period of active duty service shows no derogatory information that would disqualify him for award of the Good Conduct Medal (1st Award).

10.  Army Regulation 600-8-22 (Military Awards) 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.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows World War II (WWII) units that were authorized occupation credit and entitlement to the Army of Occupation Medal.  

12.  Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, and 1 January 1961 through 14 August 1974, inclusive.

13.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Good Conduct Medal, the Army of Occupation Medal, the National Defense Service Medal, and Overseas Service Bars.  

2.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant's records show no acts of indiscipline and he distinguished himself by his conduct and efficiency ratings of "excellent."  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

3.  Evidence of record shows the applicant was assigned to a WWII unit overseas in Germany.  However, his unit was not cited for award of the Army of Occupation Medal.  Therefore, the applicant is not entitled to have this award shown on his DD Form 214.

4.  Evidence of record shows the applicant met the criteria for award of the National Defense Service Medal.  As a result, the applicant is entitled to have this award shown on his DD Form 214.  

5.  The applicant's requests for award of the overseas service bar have been noted.  However, the overseas service bar is an item to be worn on the Soldier's uniform and is not an award or decoration.  Therefore, this item is not authorized for entry on the DD Form 214.  




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__RTD__  _JRM ___  _JLP____  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 awarding the applicant 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 Army of Occupation Medal and the Overseas Service Bar.  




_Richard T. Dunbar__
          CHAIRPERSON


INDEX

CASE ID
AR20070005369
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schneider
ISSUES         1.  
107.00
2.  
107.00
3.  
107.00
4.

5.

6.