IN THE CASE OF:
BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100012147
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal. He also inquires if there is an award for being in Europe.
2. The applicant states he should have been awarded the Army Good Conduct Medal.
3. The applicant provides a copy of his DD Form 214.
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 applicants 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 applicants 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 military records show he enlisted in the Regular Army on 16 December 1958 for 3 years. He completed initial entry training, he was awarded military occupational specialty 671.40 (single engine airplane mechanic), and he was advanced to the rank/grade specialist four (SP4)/E-4.
3. His DD Form 214 shows he was honorably released from active duty on 1 March 1962 by reason of early release of overseas returnee. He was subsequently transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed
3 years, 2 months, and 16 days of total active service.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "none."
5. Section 5 (Service Outside Continental United States [CONUS]) of his DA Form 24 (Service Record) indicates he arrived in Germany on 13 December 1959 for duty with U.S. Army, Europe (USAREUR). It further shows he returned to CONUS on 1 March 1962.
6. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority. His DA Form 24 shows all "excellent" conduct and efficiency ratings through his service. There are no adverse actions recorded in the available records and no disqualification by his chain of command.
7. Army Regulation 600-8-22 (Military Awards) states 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.
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 completed 3 years of continuous enlisted active Federal military service. He also had "excellent" conduct and efficiency ratings throughout his tenure of service. There is no record of any disciplinary action taken against him or disqualification by his chain of command. Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.
2. The Overseas Service Ribbon was not authorized at the time of his overseas service. As such, he is not entitled to have this ribbon added to his DD Form 214. No other award is authorized solely to recognize service in Europe.
3. In view of the foregoing, the applicant's records should be corrected as shown below.
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 the records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for the period 16 December 1958 through 15 December 1961 and adding this award to 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 or any other award.
_________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) AR20100012147
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ABCMR Record of Proceedings (cont) AR20100012147
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