IN THE CASE OF:	

		BOARD DATE:	  5 March 2009

		DOCKET NUMBER:  AR20080019024 


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, in effect, that he be awarded the National Defense Service Medal, the Overseas Service Ribbon, and the Army Service Ribbon.

2.  The applicant states, in effect, that he served in Germany for one year, four months, and fourteen days during the Vietnam Conflict.

3.  The applicant submitted a copy of his DD Form 214 (Report of Separation from Active Duty) in support of his request.

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's records show he enlisted in the Regular Army on 12 August 1974.  Following completion of basic combat and his advanced individual training on 18 December 1974, he was awarded the primary military occupational specialty (MOS) of 52B (Power Generation Equipment Operator).

3.  The applicant was honorably released from active duty in the rank of specialist four (SP4)/E-4 on 4 August 1977, in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 5-14, because the short length of time remaining on active duty precluded his reassignment.  On the date of his release from active duty, the applicant had completed 2 years,
11 months, and 23 days active military service, with no time lost.

4.  Item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle).  No other award are shown.

5.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 shows he served in Germany from 20 March 1976 through 3 August 1977.

6.  Item 27 (Remarks) of the applicant's DA Form 2-1 (Personnel Qualification Record, Part II) has no entry showing he was disqualified from award of the Good Conduct Medal.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.  There is no evidence he was subjected to court-martial or that he even received non-judicial punishment while he served on active duty.

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 Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This 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.


9.  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.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant honorably served on active duty for two days during one of the recognized periods for award of the National Defense Service Medal (the period from 1 January 1961 through 14 August 1974).  He is therefore entitled to award of the National Defense Service Medal and to have this award added to his DD Form 214.

2.  The applicant's DD Form 214 shows the applicant served overseas in Germany while on active duty.  The applicant's overseas service occurred during the period from 20 March 1976 through 3 August 1977.  The Overseas Service Ribbon can 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.

3.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The applicant successfully completed his initial entry training on 18 December 1974.  The award can 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.

4.  The evidence shows the applicant was released from active duty on 4 August 1977 and held no Active Army status on or after 1 August 1981.  He is therefore not eligible for award of the Overseas Service Ribbon and/or the Army Service Ribbon.

5.  There is no evidence to show that the applicant was denied award of the Good Conduct Medal while he served on active duty.  There is no evidence the applicant was subjected to court-martial or that he even received non-judicial punishment while he served on active duty.  It appears that the applicant was not awarded the Good Conduct Medal as a result of an administrative oversight rather than a commander's disqualification.  He is therefore eligible for award of the Good Conduct Medal for the period from 12 August 1974 through 4 August 1977 and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 awarding the applicant the Good Conduct Medal for the period from 12 August 1974 through 4 August 1977 and the National Defense Service Medal, and adding these awards to his DD Form 214.

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 to the applicant.




      _______ _   _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)                                         AR20080019024



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ABCMR Record of Proceedings (cont)                                         AR20080019024


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