IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100007416 


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 Good Conduct Medal (GCMDL) and the Overseas Service Ribbon (OSR).

2.  The applicant states that at the time of his expiration of term of service (ETS) he was told by his platoon sergeant and first sergeant that the awards were automatic and required nothing to be submitted.  However, he did not receive them and he believes he earned them. 

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty).

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 in Cincinnati, Ohio on 10 January 1972 for a period of 3 years and training in the mechanical maintenance career management field.  He completed basic training at Fort Campbell, Kentucky and was transferred to Fort Leonard Wood, Missouri to complete advanced individual training as a wheel vehicle mechanic.  He completed that training and was transferred to Fort Sill, Oklahoma to undergo training as a track vehicle mechanic.  He completed that training and was transferred to Germany on 1 August 1972 for assignment to Troop A, 1st Squadron, 2d Armored Cavalry Regiment for duty as a track vehicle mechanic.  He was advanced to the pay grade of E-4 on 1 October 1973. 

3.  He completed his tour in Germany on 5 August 1974 and was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty on 7 February 1975 due to the ETS.  He had served 3 years and 
28 days of total active service and his DD Form 214 shows that he was awarded the National Defense Service Medal and the Marksman Marksmanship Badge with Rifle Bar.

4.  A review of the applicant’s official records show he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would preclude him from award of the GCMDL.

5.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army GCMDL 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 11 November 1956 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.

6.  Army Regulation 600-8-22 (Military Awards) shows that the OSR 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.  
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows the applicant had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL.  

2.  Therefore, it must be presumed that the failure to award him the GCMDL was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the GCMDL for the period of 10 January 1972 to 9 January 1975, while serving in the rank of SP4.

3.  The applicant’s contention that he should have been awarded the OSR has been noted and found to lack merit.  The OSR was not in existence at the time he served and did not come into existence until 1981.  The applicable regulation provides that an individual had to be in an active status in 1981 in order to receive a retroactive award of the OSR.  Accordingly, he is not entitled to receive that award.

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 awarding him the GCMDL for the period of 10 January 1972 to 9 January 1975, while serving in the rank of SP4.

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 OSR.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Cold War are deeply appreciated.  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)                                         AR20100007416



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR2010000741