IN THE CASE OF:	  

		BOARD DATE:	    22 June 2010

		DOCKET NUMBER:  AR20090021625 


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, in effect, correction of item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Transfer or Discharge) to show the National Defense Service Medal, Overseas Service Ribbon, and Good Conduct Medal.  He also requests items 28a (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed/School or Course) and 28b (Dates) be corrected to show he completed the 6-week CW Course.

2.  The applicant states:

* He completed the 6-week CW Course on 14 February 1964 in Germany
* His DD Form 214 does not show the National Defense Service Medal or the Good Conduct Medal
* He did not receive a decoration for being overseas for more than one year  

3.  The applicant provides:

* DD Form 214
* Certificate of Training
* Discharge orders from the U.S. Army Reserve (USAR)
* Letter, dated 17 May 2009, to the Department of the Army, U.S. Army Reserve Personnel Center in St. Louis, Missouri  


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 was inducted into the Army of the United States on 
14 December 1962.  He served as a radio teletype operator in Germany from 
11 July 1963 to 24 September 1964.  On 16 October 1964, he was released from active duty in the temporary rank of specialist four after completing 1 year, 
10 months, and 3 days of creditable service with no time lost.   

3.  Item 26 on the applicant's DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle Bar as an authorized award.  Item 28a on his DD Form 214 shows the entry "None."  Item 28b on his DD Form 214 shows the entry "N/A" [Not applicable]. 
 
4.  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.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

5.  The applicant provided a Certificate of Training which shows he completed the 6-week CW Course on 14 February 1964 at the 97th Signal Battalion in Germany.

6.  Army Regulation 600-8-22 (Military Awards) provides 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.




7.  Army Regulation 600-8-22 states 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 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.  

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 22 November 1955 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 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time provided, in pertinent part, service schools, including dates (From – To) and major courses successfully completed during the period covered by the DD Form 214 would be entered in item 28.  This entry also included military sponsored courses in civilian schools and colleges completed during the period covered by the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of qualifying service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

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.  The applicant was separated in the temporary rank of specialist four with 
22 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of 3 years from 14 December 1962 through 16 October 1964.  Therefore, his records should be corrected to show this award.

4.  Evidence of record shows the applicant completed the 6-week CW Course at the 97th Signal Battalion in Germany on 14 February 1964.  Therefore, items 28a and 28b on his DD Form 214 should be corrected. 

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 
14 December 1962 through 16 October 1964;

	b.  adding the Good Conduct Medal and National Defense Service Medal to item 26 on his DD Form 214;

	c.  deleting the entries in 28a and 28b on his DD Form 214;  

	d.  adding the entry "6 Week CW Course, Boeblingen, Germany" in item 28a on his DD Form 214; and

	e.  adding the entry January 1964 to 14 February 1964 in item 28b 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)                                         AR20090021625





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ABCMR Record of Proceedings (cont)                                         AR20090021625



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