IN THE CASE OF:	

		BOARD DATE:	  31 March 2009

		DOCKET NUMBER:  AR20090000761 


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 award of the Army Good Conduct Medal, Overseas Service Ribbon, and any other awards or honors. 

2.  The applicant states that he is entitled to award of the Army Good Conduct Medal and the Overseas Service Ribbon.  He further requests that his military personnel record be reviewed and that he receive all awards that he is entitled to based upon his honorable service.  

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with a separation effective date of 28 May 1952.

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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  The primary source document available to the Board for its review was the applicant's DD Form 214 with a separation date of 28 May 1952.

3.  The applicant enlisted in the Regular Army on 10 August 1948 for 4 years.  The available record shows he successfully completed basic and advanced individual training and was awarded the military occupational specialty (MOS) 3319 (Construction Equipment Mechanic).  The highest rank attained by the applicant was sergeant (temporary)/pay-grade E-5.

4.  The applicant was honorably discharged from active duty on 28 May 1952 upon his expiration of his term of service.  His DD Form 214 shows he served on active duty for 3 years, 9 months, and 19 days. His DD Form 214 further shows his creditable Foreign Service as 3 years and 16 days.  The location of his Foreign Service tour is not annotated on his DD Form 214.

5.  Item 27 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the Army Occupation Medal with Germany Clasp, Army Occupation Medal with Japan Clasp, Medal of Humane Action, and the Army of Occupation Medal with Berlin Airlift Device.  This same DD Form 214 does not show award of the Army Good Conduct Medal or the Overseas Service Ribbon.

6.  Item 38 (Remarks) of the applicant's DD Form 214 shows that he had no lost time during this period of service.

7.  The facts and circumstances of the applicant's period of service to include his conduct and efficiency ratings, and his units of assignment and duty locations are not available for the Board to review due to the fire in 1973 at the National Personnel Records Center.

8.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

9.  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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

10.  Army Regulation 600-8-22 (Military Awards) as amended provides 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.  

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he served honorably and that when he was discharged he did not receive the Army Good Conduct Medal and Overseas Service Ribbon for his period of active Federal service.  He further requested that his record be reviewed and that all entitled awards be awarded.

2.  As the applicant's records were destroyed in the fire in 1973 at the National Personnel Records Center, there are no official records to determine his eligibility for the Army Good Conduct Medal.  Based on this fact that there are no official military personnel records available to show that the applicant's conduct and efficiency ratings were "excellent," the assumption of regularity is presumed; therefore, there is insufficient evidence upon which to award the Army Good Conduct Medal.

3.  The Overseas Service Ribbon was established in 1981 by the Secretary of the Army for members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award upon successful completion of an overseas tour.  The military personnel record must show that they were on an overseas service tour on or after 1 August 1981.  Records show the applicant was separated from the Regular Army on 28 May 1952.  Therefore, he is not eligible for award of the Overseas Service Ribbon.

4.  The applicant’s available military personnel record shows he served on active duty from 10 August 1948 to 28 May 1952, which is a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to award of the National Defense Service Medal.  

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 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 to show award of 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 Good Conduct Medal and Overseas Service Ribbon.




      _______ _ 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)                                         AR20090000761





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ABCMR Record of Proceedings (cont)                                         AR20090000761



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