IN THE CASE OF:	

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090015792 


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 records to show award of the Good Conduct Medal, Army Service Ribbon, and Overseas Service Ribbon.

2.  The applicant states that in the haste of his separation processing, the awards were not recorded on his separation document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United Sates Report of Transfer or Discharge).

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 for a period of 3 years on
8 November 1966.  Upon completion of training he was awarded military occupational specialty 36K (Field Wireman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 5 October 1967 through 4 May 1969 and he was credited with a normal tour completion; and

	b.  item 38 (Record of Assignments) he was assigned to B Battery, 
7th Battalion, 9th Artillery, on 7 October 1967:

	    (1)  from 7 October 1967 through 30 November 1968 he received conduct and efficiency ratings of "excellent."

       (2)  from 1 December 1968 through 2 May 1969 he received conduct and efficiency ratings of "fair."

	c.  item 41 (Awards and Decorations) does not show the Good Conduct Medal.

4.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Good Conduct Medal.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 November 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 3 years of net active service:

   a.  item 16 (Terminal Date of Reserve Obligation) shows 7 November 1972; and

   b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  There is no evidence the applicant had an Active Army status on or after
1 August 1981.



7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, 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; 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to
22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  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 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

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

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded the Good Conduct Medal, Army Service Ribbon, and Overseas Service Ribbon because the document was prepared in haste and the awards were not recorded on it.




2.  The applicant completed an overseas tour in the RVN on 4 May 1969.  During a 5-month period of his overseas tour he received conduct and efficiency ratings of "fair."  Although the applicant completed 3 years of active Federal military service during the period of service under review, he did not earn all "excellent" conduct and efficiency ratings during this period.  Therefore, he is not entitled to the Good Conduct Medal.

3.  There is no evidence the applicant served in an Active Army status on or after 1 August 1981.  Therefore, he is not authorized the Army Service Ribbon.

4.  The Overseas Service Ribbon is authorized to 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.  There is no evidence the applicant had an active Army status on or after 1 August 1981.  Therefore, he is not authorized the Overseas Service Ribbon.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20090015792



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ABCMR Record of Proceedings (cont)                                         AR20090015792



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