BOARD DATE:	  4 January 2011

		DOCKET NUMBER:  AR20100013803 


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 Overseas Service Ribbon (OSR), Army Service Ribbon (ASR), Cold War Medal, and Army Good Conduct Medal (AGCM).

2.  The applicant states:

a. he performed active duty from 1970 – 1973 entitling him to the
Cold War Medal;

b. he completed 1 year, 11 months, and 20 days service in Germany
entitling him to the OSR;

c. he completed his initial entry training which entitles him to the award of 
the ASR; and

d. his exemplary behavior, efficiency, and fidelity while on active duty and his
commanders intent to promote him to sergeant (SGT/E-5) confirm he should have been awarded the AGCM.

3.  The applicant provides:

* self-authored statement
* Army Review Boards Agency (ARBA) Letter
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to the DD Form 214)
* DA Form 2496-1 (Disposition Form)

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 is advised that the Cold War Medal was inspired by the Cold War Recognition Certificate created by section 1084 of Public Law 105-85, approved on 18 November 1987 (National Defense Authorization Act for Fiscal Year 1998).  This certificate recognizes "members of the Armed Forces and civilian personnel of the Government who served the United States during the Cold War."  All eligible personnel must apply for the certificate on their own behalf.  The Department of the Army is the Executive Agent for processing all applications.  The applicant may submit his request for this award to the Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: HRC-CWRS, 1600 Spearhead Division Avenue, Department 100, Fort Knox, KY  40122-5100.  This issue will not be discussed further in these proceedings.

3.  The applicant's record shows he enlisted in the Regular Army (RA) on
30 June 1970.  He was trained in and awarded military occupational specialty (MOS) 32E (Fixed Plant Carrier Equipment Repairman).

4.  His DA Form 20 (Enlisted Qualification Record) shows in Section 38 (Record of Assignments) that he received an academic “Good” efficiency rating while attending his initial entry training during the period 18 September 1970 to 10 June 1971.  His other ratings were all “Excellent” or not rated.

5.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.

6.  The applicant’s DA Form 20 shows he served in the Federal Republic of Germany from 6 June 1971 to 17 June 1973.

7.  There are no orders or any other documents on file in the applicant's OMPF to show he was ever recommended for or awarded the AGCM.

8.  On 19 June 1973, the applicant was honorably released from active duty (REFRAD) after completing 2 years, 11 months, and 20 days of active military service.  Item 24 (Decorations, Medals, Commendations, Citations or Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he earned the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  The applicant provides a DA Form 2496-1 dated 29 March 1973 which shows his commander, a lieutenant colonel, notified him of his intent to promote him to sergeant/specialist five (SGT/SP5) in April 1973, pending his extension or reenlistment to meet the time remaining service.

10.  On 24 March 2010, the applicant was issued a DD Form 215 to delete the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and to add the Expert Marksmanship Qualification Badge with Rifle Bar to his item 24 of his    DD Form 214.

11.  Army Regulation 672-5-1 (Awards) 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  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.

12.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 5-4 of the same regulation provides guidance on the OSR and paragraph 5-5 contains guidance on the ASR.  These paragraphs confirm both awards were effective 1 August 1981, and that there were no retroactive provisions that allowed their award to members who were not in an active Army status on or after the 1 August 1981 effective date.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the OSR, ASR, and AGCM.

2.  The evidence of record confirms the applicant received an academic “Good” efficiency rating during his initial entry training and otherwise no less than “Excellent” or unknown conduct and efficiency ratings.  In addition, his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Further, his commander intended to promote the applicant to SGT pending his extension or reenlistment, just 3 months prior to his separation, on 29 March 1973.  As a result, the applicant’s claim for the award of the AGCM is corroborated by the evidence of record and it would be appropriate to grant him this award for his qualifying period of honorable active duty service from 30 June 1970 through 19 June 1973 and to add this award to his record and DD Form 214 at this time.

3.  The applicant's contention that the OSR and ASR should be added to his 
DD Form 214 was also carefully considered.  However, these awards were effective on 1 August 1981, and there were no retroactive provisions that allowed award of these ribbons to members who were not in an active status on or after the 1 August 1981, the effective date for the awards.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

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 for his qualifying period of honorable active duty service from 30 June 1970 through 19 June 1973; 
   
   b.  amending item 24 of his DD Form 214 by adding the Army Good Conduct Medal; and
   
	c.  providing the applicant with a correction to his DD Form 214 that reflects this change.

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 the Army Service Ribbon and 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)                                         AR20100013803





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ABCMR Record of Proceedings (cont)                                         AR20100013803



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