IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100021316


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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show the National Defense Service Medal (NDSM), Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), Army Good Conduct Medal (AGCM), and the Army Lapel Button (ALB).

2.  The applicant states they did not put his medals on his discharge papers.

3.  The applicant provides:

* his DD Form 214
* his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) from the Michigan Army National Guard (MIARNG)

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 was inducted into the Army of the United States (AUS) on
13 August 1968.  He served 10 months and 2 days of overseas service in U.S. Army Europe.  His dates of overseas service are from on or about 30 September 1969 to on or about 2 August 1970.  The applicant was honorably released from active duty on 3 August 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "None."

3.  The applicant's record contains a DA Form 20 (Enlisted Qualification Record) that shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions for a commander's disqualification for the first award of the Army Good Conduct Medal.

4.  The applicant's DD Form 214 contains no awards; however, his NGB Form 22 for the period ending 24 November 1993 shows in item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) the NDSM, ASR, and the ALB.

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

	b.  The AGCM is awarded to individuals who have completed 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

	c.  The ASR 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 status on or after 1 August 1981.

	d.  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 status on or after 1 August 1981.

	e.  The ALB is a gratuitous issue and the eligibility requirements are as follows:

		(1)  Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation, and those receiving an Honorable Discharge Certificate);

		(2)  non-adverse separation provision;

		(3)  minimum 9 months continuous service - a break is 24 hours or more;

		(4)  active Federal service on or after 1 April 1984; or, service in a Ready Reserve unit organized to serve as a unit (National Guard unit or Army Reserve troop program unit) on or after 1 July 1986;

		(5)  retroactive issuance is not authorized; and

		(6)  no Soldier separating from the Service is to be awarded more than one Army Lapel Button.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 has an effective date of 3 August 1970.  As such, he does not qualify for the ASR, OSR, or ALB to be added to that document.

2.  The applicant received "excellent" conduct and efficiency ratings during his AUS service with no record of any disciplinary actions or a commander's disqualification.  Therefore, he is entitled to the first award of the AGCM and correction of his DD Form 214 to show this award.
3.  The applicant served a qualifying period for entitlement to the NDSM.  Therefore, his DD Form 214 should be corrected to show this 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
13 August 1968 through 3 August 1970, and

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

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 correcting his DD Form 214 to show the Army Service Ribbon, Overseas Service Ribbon, and the Army Lapel Button.



      ____________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)                                         AR20100021316



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ABCMR Record of Proceedings (cont)                                         AR20100021316



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