IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100022919 


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, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Demolition School, Expert Infantryman Badge, Overseas Service Ribbon, Army Service Ribbon, and Good Conduct Medal (GCM).

2.  The applicant states he believes his DD Form 214 is missing the above awards and the school.

3.  The applicant provides two DD Forms 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 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 military records show he enlisted in the Regular Army (RA) on 
15 July 1958, and he was awarded military occupational specialty (MOS) 121.10 (Combat Engineer).  On 17 July 1961, he was honorably released from active duty and transferred to the United States Army Reserve Control Group in pay grade E-4.  The DD Form 214 he was issued does not list the awards or school the applicant requested.

3.  On 21 August 1961, he again enlisted in the RA and served until he was honorably discharged on 5 August 1964 due to early release as an overseas returnee in pay grade E-5.  He served in MOS 121.10.  The DD Form 214 he was issued does not list the awards or school the applicant requested.

4.  The applicant's DA Form 24 (Service Record) shows his conduct and efficiency were always rated as "Excellent."  

5.  There is no evidence that the applicant was given nonjudicial punishment (NJP) or convicted by court-martial during either enlistment.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he only served in MOS 121.10.  This form also lists the schools the applicant attended.  It does not list the Demolition School.  

7.  Army Regulation 600-8-22 (Military Awards) provides that:

   a.   the GCM 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  

   b.  effective 1 August 1981, an individual is qualified for the Army Service Ribbon after completion of an MOS producing course.  Officers are normally qualified for the award after completion of their basic/orientation or higher level course.  An individual whose MOS is based on skills acquired in another service or in civilian training is qualified after 4 months active duty.  The award may be granted retroactively to those who qualified prior to 1 August 1981 only if they had an active Army status after that date.



   c.  effective 1 August 1981, all active members of the Army who successfully complete an overseas tour are eligible for the Oversea Service Ribbon.  Completion of an oversea tour must be in accordance with Army Regulation 
614-30.  The ribbon may be awarded retroactively to those who qualified prior to 1 August 1981 only if they had an active Army status on or after that date.

   d.  the Expert Infantryman Badge is authorized to personnel who meet Department of the Army established testing requirements and those who possess an MOS within Career Management Field 11 (Infantry) or 18 (Special Forces), less MOS 18D.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's conduct and efficiency were always been rated as "Excellent," and there is no evidence that he was ever given NJP or convicted by a court-martial.  As such, it would appear the applicant should have been issued the GCM for the period 15 July 1958 to 14 July 1961.  He would not have been eligible for a second award because he did not complete 3 years of active service during his second enlistment.

2.  There is no evidence that the applicant attended Demolition School.  As such, there is no basis for adding this school to his DD Form 214.

3.  There is no evidence that the applicant was awarded the Expert Infantryman Badge or that he had been awarded an Infantry MOS.  As such, he is not entitled to the Expert Infantryman Badge.

4.  Since the applicant did not serve on active duty after 1 August 1981, he is not entitled to either the Army Service Ribbon or 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 GCM for the period 15 July 1958 to 14 July 1961.

	b.  adding to his DD Form 214 the GCM.

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 add the Demolition School, Expert Infantryman Badge, 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)                                         AR20100022919



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ABCMR Record of Proceedings (cont)                                         AR20100022919



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