RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070015803 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr, Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David R. Gallager

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 Certificate of Release or Discharge (DD Form 214) to show award of the Overseas Service Ribbon, Cold War Ribbon, and the Army Lapel Button.

2.  The applicant states that these awards were omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214, Cold War Certificate of Recognition, a letter from the National Personnel Records Center, and his orders and tour election form for his assignment to the Federal Republic of Germany.

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.  On 12 July 1979, the applicant enlisted in the Regular Army for 4 years.  He completed his initial training and was awarded military occupational specialty 36L1O (Tactical Microwave System Repairer).

3.  On 16 December 1981, the applicant was assigned for duty with the 34th Signal Company, in the Federal Republic of Germany.

4.  On 1 July 1983, the applicant returned to the United States and was released from active duty and transferred to the United States Army Reserve.  He had attained specialist four, pay grade E-4, and had completed 3 years, 11 months, and 20 days of creditable active service.  His characterization of service was honorable.



5.  Item 13 (Decorations, Medals, Badges, citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists the Army Achievement Medal and the Army Service Ribbon.  It does not show the Overseas Service Ribbon, Cold War Ribbon, or the Army Lapel Button.

6.  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.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Lapel Button is a gratuitous issue and the eligibility requirements are as follows:  (a) Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation, and those receiving an Honorable Discharge Certificate); (b) non-adverse separation provision; (c) minimum 9 months continuous service - a break is 24 hours or more; (d) active Federal service on or after 1 April 1984; or, service in a Ready Reserve unit organized to serve as a unit (National Guard unit or Army Reserve troop program unit) on or after 1 July 1986; (e) retroactive issuance is not authorized; and (f) no Soldier separating from the Service is to be awarded more than one Army Lapel Button.  

8.  Public Law 105–85, Section 1084, established a Cold War Recognition Certificate to recognize all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United
States during the Cold War Era from 2 September 1945 to 26 December 1991.

9.  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.  


DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant served a qualifying period of service for award of the Overseas Service Ribbon and the Army Lapel Button.  Therefore, his records should be corrected to show these awards.

2.  Records show that the applicant served a qualifying period for award of the Cold War Certificate of Recognition.  However, there are no provisions for award of a corresponding ribbon, or for inclusion of this award on his DD Form 214.

3.  Records show that the applicant served more than 3 years on active duty, attained the rank of specialist four, completed an overseas tour of duty, and earned a personal decoration.  There is no evidence showing that his commander took action to deny him award of the Army Good Conduct Medal, or that any of his duty performance was disqualifying.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_ RTD ___  __DRG__  __MJNT   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Army Good Conduct Medal for the period from 
12 July 1979 to 11 July 1982; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, Overseas Service Ribbon, and the Army Lapel Button.

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 the Cold War Ribbon.




	__      Richard T. Dunbar       _
          		CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.