IN THE CASE OF:	  

		BOARD DATE:	  11 August 2009

		DOCKET NUMBER:  AR20090004339 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Good Conduct Medal, the Overseas Service Ribbon, and the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states that he earned the Good Conduct Medal and the Overseas Service Ribbon and that he should be awarded the AFEM for his service in Lebanon in 1958. 

3.  The applicant provides a certificate for his service in Lebanon in 1958 and a copy of his DD Form 214 in support of his 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 Regular Army on 18 March 1957 for a period of 
3 years.  He served as a light vehicle driver.  On 17 December 1959, he voluntarily extended his enlistment by a period of 6 months.  On 16 September 1960, he was released from active duty in the temporary rank of specialist four after completing 3 years, 5 months, and 29 days of creditable active service with no time lost.   

3.  The applicant's DD Form 214 shows the entry "None" in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). 

4.  Section 5 (Service Outside Continental United States) on the applicant's DA Form 24 (Service Record) shows he served in Beirut, Lebanon from 3 August 1958 to 24 October 1958.  His DA Form 24 also shows his conduct and efficiency were rated as "excellent" throughout his enlistment. 

5.  There are no orders for the Good Conduct Medal in the available records.

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.   

7.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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.  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.

8.  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.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22 and show that the Armed Forces Expeditionary Medal was awarded for service in Lebanon from 1 July 1958 to 1 November 1958.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty in the temporary rank of specialist four after completing 3 years, 5 months, and 29 days of honorable active service with no time lost and no record of any disciplinary actions taken against him and his conduct and efficiency rated as "excellent" throughout his enlistment.  Therefore, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 18 March 1957 through 17 March 1960.  

2.  Since the applicant did not have an Active Army status on or after 1 August 1981, there is no basis for granting his request for the Overseas Service Ribbon.

3.  Based on the applicant's service in Lebanon from 3 August 1958 to 
24 October 1958, there is sufficient evidence on which to base award of the Armed Force Expeditionary Medal in this case.  

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:

	a.  awarding him the first award of the Good Conduct Medal for the period 
18 March 1957 through 17 March 1960; and 

	b.  adding the Good Conduct Medal and the AFEM on 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.  




      _______ _   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)                                         AR20090004339





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ABCMR Record of Proceedings (cont)                                         AR20090004339



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