Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090019548
Original file (20090019548.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20090019548 


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 Army Good Conduct Medal and the Overseas Service Ribbon.

2.  The applicant states that he served on active duty without incident, but his last duty station did not award him the Army Good Conduct Medal.  He served a tour of duty in Europe.  The Overseas Service Ribbon was not available then, but it is now and he would like to receive both awards.

3.  The applicant provides no supporting documentation.

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 5 January 1973, completed training, and was awarded military occupational specialty 75B (Unit Clerk).

3.  He served in Germany from 12 June 1973 through 13 December 1975.  He was advanced to specialist four on 1 April 1974.

4.  His DA Form 2-1 (Personnel Qualification Record) shows award of the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant was honorably released from active duty on 15 December 1975 with 2 years, 11 months, and 11 days of creditable service and no lost time.  His DD Form 214 (Report of Separation from Active Duty) lists his awards as only the National Defense Service Medal.

6.  The applicant's record contains seven letters of appreciation or commendations for his efforts on special projects and work to improve his unit's operations.

7.  The applicant's record contains no derogatory entries or a notation that the applicant was considered not eligible for award of the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Army 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 Army Good Conduct Medal, disqualification must be justified.  At that time, a disqualification was normally noted on the DA Form 2-1.

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981 and states 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 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 states that he served on active duty without incident, but his last duty station did not award him the Army Good Conduct Medal.  He served a tour of duty in Europe.  The Overseas Service Ribbon was not available then, but it is now and he would like to receive both awards.

2.  The applicant's record contains no indication of any disqualifying incidents or entries that would warrant a negative recommendation for award of the Army Good Conduct Medal.  Combining his letters of appreciation with lack of disqualifying entries, it is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 5 January 1973 through 15 December 1975.

3.  The applicant's award of the Expert Marksmanship Qualification Badge with Rifle Bar was omitted from his DD Form 214.  It is appropriate to correct this oversight.

4.  The Overseas Service Ribbon was not created until after the applicant was released from active duty and he did not serve during a period for which retroactive award is authorized.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 the applicant the Army Good Conduct Medal for the period 5 January 1973 through 15 December 1975 and

	b.  amending his DD Form 214 to add award of the Army Good Conduct Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined 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)                                         AR20090019548



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090019548



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140015141

    Original file (20140015141.txt) Auto-classification: Approved

    The applicant's DA Form 2-1 (Personnel Qualification Record), reviewed on 28 April 1986, shows in – * item 5 (Oversea Service) the country where he served, period of overseas service, and if credit for NTC was granted, as follows – Country Period (From – Through) NTC Not Entered 15 Months Prior to 1 January 1960 No Entry Germany 17 March 1960 – 29 February 1964 Yes RVN 21 May 1967 – 13 May 1968 Yes Germany 21 June 1968 – 31 March 1970 No RVN 1 April 1970 – 29 March 1971 Yes Germany 30 March...

  • ARMY | BCMR | CY2010 | 20100007808

    Original file (20100007808.txt) Auto-classification: Approved

    He reportedly had gone AWOL, "To get hardship discharge." 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. c. the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that...

  • ARMY | BCMR | CY2002 | 2002075571C070403

    Original file (2002075571C070403.rtf) Auto-classification: Approved

    Two general orders awarding the applicant the Army Good Conduct Medal are in his file -- General Orders 1868, Headquarters, U. S. Army, Europe and Seventh Army dated 16 April 1975 (awarding him the Army Good Conduct Medal for the period 14 December 1969 to 13 December 1972) and General Orders 210, Headquarters, U. S. Army Field Artillery Center and Fort Sill dated 21 January 1974 (awarding him the Army Good Conduct Medal third award for the period 14 December 1972 to 13 December 1975). His...

  • ARMY | BCMR | CY2006 | 20060013090C071029

    Original file (20060013090C071029.doc) Auto-classification: Approved

    The applicant requests, in effect, award of the Combat Infantryman Badge (CIB); and that correction of his separation document (DD Form 214). The DD Form 214 issued to the applicant upon his retirement shows, in Item 12f (Foreign Service), the he completed 4 years, 5 months, and 23 days of overseas service during the period covered by the DD Form 214 (16 July 1975-26 June 1981). Item 13 will contain all authorized award, as contained in the Army's awards regulation, for all periods of service.

  • ARMY | BCMR | CY2010 | 20100028578

    Original file (20100028578.txt) Auto-classification: Approved

    The applicant requests: * correction of the National Personnel Records Center (NPRC) letter, dated 11 November 2010, to show his correct name and award of the Legion of Merit (LOM) * correction of the NPRC letter to show three awards of the Overseas Service Medal instead of the Overseas Service Ribbon * copies of the orders and the citation for award of the Bronze Star Medal with "V" Device 2. The applicant states: * he was awarded the LOM upon retirement * he completed two tours of duty in...

  • ARMY | BCMR | CY2009 | 20090011834

    Original file (20090011834.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) as follows: a. show award of the Good Conduct Medal, the Overseas Service Ribbon, the Korean Service Medal, the NATO Medal, and the Marksman Marksmanship Qualification Badge; and b. show he was awarded a linguist military occupational specialty (MOS). The applicant contends that his DD Form 214 should be corrected to show award of the Good Conduct Medal, the...

  • ARMY | BCMR | CY2007 | 20070012574C080213

    Original file (20070012574C080213.TXT) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1983 be amended to add the Korea Defense Service Medal (KDSM), the Marksman Marksmanship Qualification Badge with Missile Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars, and to show he is authorized to wear the Overseas Service Ribbon with Numeral 4. His DD Form 214 for the period ending 31 May 1983 shows he was awarded the...

  • ARMY | BCMR | CY2013 | 20130019080

    Original file (20130019080.txt) Auto-classification: Denied

    The applicant requests, in effect: a. reconsideration of his application for award of the Expert Marksmanship Qualification Badge with Rifle Bar; and b. as new considerations award of the Overseas Service Ribbon, North Atlantic Treaty Organization (NATO) Medal, and recognition for participation in the Project Gemini missions. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number...

  • ARMY | BCMR | CY2010 | 20100019718

    Original file (20100019718.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 10 March 2011 DOCKET NUMBER: AR20100019718 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090019548 on 20 July 2010. With respect to the Army Good Conduct Medal, a review of the applicant's records indicates he was issued official orders awarding him...

  • ARMY | BCMR | CY2014 | 20140008787

    Original file (20140008787.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (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, 1 year service entirely during the period 7 December 1941 through 2 March 1946; 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. There is no evidence of record and he provided...