IN THE CASE OF:	  

		BOARD DATE:	       8 January 2009

		DOCKET NUMBER:  AR20080012337 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded the Good Conduct Medal and the Overseas Service Ribbon.

2.  The applicant states, in effect, he is attempting to become a chaplain and would like his records to fully reflect his enlisted service.  He believes that the awards were left off his DD Form 214 (Certificate of Release or Discharge from Active Duty) through an administrative oversight or clerical error.

3.  The applicant provides copies of his DD Form 214, a letter of congratulations, two letters of commendation, three letters recommending him for reenlistment, and U.S. Army Reserve Personnel Center Orders D-03-023397.

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 Regular Army on 31 March 1981, completed training, and was awarded military occupational specialty (MOS) 31V (Tactical Communications System Operator Mechanic).  

3.  On 9 September 1981, the applicant received a letter of commendation for being the Honor Trainee of his training cycle while assigned to Battery B, 4th Training Battalion, Fort Sill, Oklahoma

4.  On 14 December 1981, the applicant received a letter of commendation for being selected Soldier of the Day as a result of his performance as a sentinel of The School Brigade [Fort Benning, Georgia] Interior Guard Mount and as a Soldier in the Airborne Battalion.

5.  In October 1983, the applicant received three recommendations for reenlistment.  They described him as a professional, knowledgeable, and conscientious person.  

6.  On 26 October 1983, the applicant received a letter complimenting him on his physical fitness score of 275.

7.  The applicant's DD Form 214 shows he honorably served on active duty for 2 years, 11 months, and 29 days of which 2 years, 2 months, and 21 days were performed overseas.  He was released from active duty on 29 March 1984 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  The highest rank/grade he held during his tenure of service was specialist four (SP4)/E-4.  His awards included the Army Service Ribbon and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.

8.  His DA Form 2-1  (Personnel Qualification Record) provides the following:

	a.  the applicant was advanced to SP4 on 24 June 1983; 

	b.  he was assigned to duty in Germany from 12 January 1982 through 18 March 1984;

	c.  his awards are listed as the Army Service Ribbon and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars; and

	d.  he was listed as eligible for reenlistment.



9.  U.S. Army Reserve Personnel Center, St. Louis, Missouri Orders
D-03-023397, dated 25 March 1987, honorably discharged the applicant from the Ready Reserve, effective 30 March 1987.

10.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	a.  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.  

	b.  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.

11.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  It states that the standard overseas tour based on locations with quality-of-life conditions reasonably
comparable to U.S. standards is 36 for accompanied tours and 24 months for unaccompanied tours.  It also states that initial-term single Soldiers who are not accompanied or are not joined by command-sponsored dependents will serve the unaccompanied tour.

12.  Federal Joint Travel Regulation Appendix Q, Table 1 establishes the tour length for DOD Service members stationed overseas.  It states that for Germany, the normal tour length is 36 months for accompanied tours and 24 months for unaccompanied tours.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Good Conduct Medal and the Overseas Service Ribbon.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his letters of commendation and recommendations for reenlistment, his excellence in the physical fitness program, and his promotion to 
specialist four.  The record contains no indication of any disqualifying incidents or recommendations by his unit commander.  Therefore, it would be appropriate to award the applicant the Good Conduct Medal for his period of service from 31 March 1981 through 29 March 1984 and to correct his records to show this award.

3.  The applicant successfully served in Germany for 26 months which constitutes a completed overseas tour.  Therefore, he is entitled to correction of his records to show the Overseas Service Ribbon.

BOARD VOTE:

____X___  ___X ___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding the applicant the Good Conduct Medal for the period 31 March 1981 through 29 March 1984 and adding this award to his DD Form 214; and

   b.  adding the Overseas Service Ribbon to his DD Form 214.



      _________X_____________
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080012337



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ABCMR Record of Proceedings (cont)                                         AR20080012337



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