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
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ABCMR Record of Proceedings (cont) AR20090019548
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