IN THE CASE OF:	  

		BOARD DATE:	 2 September 2010 

		DOCKET NUMBER:  AR20100009743 


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

2.  The applicant states his records were inadequately reviewed because he was discharged too quickly.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States 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's records show he was inducted into the Army of the United States on 21 May 1970.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 76A (Supply Clerk).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to the U.S. Army, Pacific (USARPAC) - Okinawa during the period
18 October 1970 through 13 January 1972.  Block 38 (Record of Assignments), of his DA Form 20 reflects he a received "excellent" conduct and efficiency ratings throughout his service.

4.  On 15 January 1972, the applicant was honorably released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 show he was awarded the National Defense Service Medal.  It also shows he completed a total of 1 year,
7 months, and 25 days of creditable military service with no lost time.

5.  The records do not reflect any evidence of derogatory information, adverse or disciplinary action, or a commander's disqualification for the Army Good Conduct Medal during his military service.

6.  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 first award only, 1 year served entirely during the period 7 December 1941 to 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

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

8.  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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Army Good Conduct Medal, Army Service Ribbon, and the Overseas Service Ribbon was carefully considered and there is sufficient evidence to grant partial relief.

2.  Records show that at the time of the applicant's separation he was eligible for the award of the Good Conduct Medal.  His records are void of any evidence of disciplinary action during his military service.  He was honorably REFRAD at the end of his term of enlistment.  As such, there is sufficient evidence showing the applicant met the criteria for award of the Army Good Conduct Medal
(1st Award).  Therefore, his is entitled to award of the Army Good Conduct Medal
(1st Award) and correction of his DD Form 214 to show this award.

3.  The applicant was REFRAD from military service in 1972.  As he was not on active duty on or after 1 August 1981; therefore, he does not meet the criteria for award of the Army Service Ribbon or the Overseas Service Ribbon.

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 Army Good Conduct Medal (1st Award) for the period
21 May 1970 through 15 January 1972 and

	b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st Award)
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 Army Service Ribbon and 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)                                         AR20100009743



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ABCMR Record of Proceedings (cont)                                         AR20100009743



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