IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100009854 


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 (AGCM) and Overseas Service Ribbon.

2.  The applicant states he noticed he had not been awarded the AGCM and the Overseas Service Ribbon.  He also states, in effect, he served in the Army and the North Carolina Army National Guard.  He concludes by stating he served in Germany from 21 January 1967 through 30 January 1970.

3.  The applicant submitted a copy of his National Guard Bureau Form 22 (Report of Separation and Record of Service), Army Reserve Personnel Command (ARPC) Form 249-2-E (Chronological Statement of Retirement Points), and DA Form 2-1 (Personnel Qualification Record) in support of his application.

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 record shows enlisted in the Regular Army on 31 January 1964.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 18 December 1964 through 10 January 1967.  During his tour of duty he was assigned to the 14th Armored Cavalry Regiment.

4.  His DA Form 20 shows his conduct and efficiency ratings were "excellent" throughout his period of service.

5.  On 20 January 1967, the applicant was honorably released active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 11 months, and 20 days of creditable active service during his tenure of service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows award of the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's ARPC Form 249-2-E shows he held an active status in the U.S. Army Reserve (USAR) and the Army National Guard (ARNG) from 21 January 1967 through 30 January 1970, from 26 July 1971 through 25 July 1974, and from 19 February 1975 through 1 December 1991.

7.  The applicant's DA Form 2166-6 (Enlisted Evaluation Report) shows he was assigned to Company A, 2nd Battalion, 252nd Armor Regiment, Germany, during the following periods:

* October 1981 through September 1982
* October 1982 through September 1983

8.  Army Regulation 600-8-22 (Military Awards) states the AGCM 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 AGCM, disqualification must be justified.

9.  Army Regulation 600-8-22 provides that 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, ARNG, and USAR 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.

10.  Army Regulation 600-8-22 states that 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, ARNG, and USAR 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.

11.  The U.S. Army Human Resources Command, Awards Branch, has clarified that although the regulation states, "Active Army status," service in an active Reserve status also counts towards eligibility in retroactive cases.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served on active duty from 31 January 1964 through 20 January 1967 and there is no derogatory information in the available record that would have disqualified him for award of the AGCM (1st Award).  Therefore, it would be appropriate to award the applicant the first award of the AGCM based on completion of a qualifying period of service.

2.  The evidence of record shows the applicant had active status in the Active Army, USAR, or ARNG during the period 21 January 1967 through 19 February 1988 and he completed an overseas tour in Germany.  Therefore, he served during a qualifying period of service for award of the Overseas Service Ribbon as well as the Army Service Ribbon.

BOARD VOTE:

____X_____  ___X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual be corrected by:

	a.  awarding the applicant the first award of the AGCM for the period 31 January 1964 through 20 January 1967 and 

	b.  adding the AGCM, Army Service Ribbon, and Overseas Service Ribbon to his DD Form 214.



      _____________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)                                         AR20100009854



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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