IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100023038 


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 (Certificate of Release or Discharge from Active Duty) to show the correct period of foreign service and award of the Army Good Conduct Medal.

2.  The applicant states he believed it was an oversight by the military.

3.  The applicant provides 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 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 enlisted in the Regular Army on 11 January 1967 for a period of 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 20 July 1967 to 21 July 1969.  

4.  Item 38 (Record of Assignment) of his DA Form 20 shows he was assigned to the 1st Battalion, 30th Infantry, U.S. Army Europe (USAREUR), from 24 July 1967 to 21 July 1969.  Additionally, this item shows he received "excellent" conduct and efficiency ratings throughout his service.

5.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 10 January 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued shows in:

* Item 22a(1) (Net Service This Period) the entry "2  0  0" indicating years, months, and days
* Item 22a(3) (Total) the entry "2  0  0"
* Item 22b (Total Active Service) the entry "2  0  0"
* Item 22c (Foreign and/or Sea Service) the entry "1  0  1"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or Authorized) the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  His records do not contain official orders awarding him the Army Good Conduct Medal.

7.  A review of his record shows no derogatory information or a commander's disqualification that would disqualify him for the first award of the Army Good Conduct Medal.

8.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.  

9.  Special Orders Number 62, issued by Headquarters, 1st Battalion, 30th Infantry, on 13 November 1968 awarded him the Marksman Marksmanship Qualification Badge with Pistol bar (.45 Caliber).

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a 

qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  It states item 22a shows the statement of service (net service during the period covered by the DD Form 214, other service, and total active service).  Item 22c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., USAREUR, USARPAC [U.S. Army Pacific], etc.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted on 11 January 1967 and he was honorably released from active duty on 10 January 1970.  He completed 3 years of creditable active service.  His DD Form 214 erroneously credited him with only 2 years of active service.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 3 years of active service.

2.  The evidence of record shows the applicant served in USAREUR from 20 July 1967 to 21 July 1969, a period of 2 years and 2 days.  His DD Form 214 erroneously credited him with only 1 year and 1 day of foreign service.  Additionally, his DD Form 214 erroneously listed his overseas theater as USARPAC.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 2 years and 1 day of foreign service in USAEUR.

3.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  The evidence of record confirms he honorably served during the period 11 January 1967 through 10 January 1970.  He attained the rank/grade of SGT/E-5 and he received "excellent" conduct and efficiency ratings throughout his service.  In the absence of derogatory information or a commander's disqualification on file, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

BOARD VOTE:

__X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 January 1967 through 10 January 1970;

	b.  deleting from items 22a(1), 22a(3), and 22b of his DD Form 214 the entries "2  0  0" and replacing these items with the entry "3  0  0";

	c.  deleting from item 22c the entry "USARPAC  1  0  1" and replacing it with the entry "USAREUR  2  0  2"; and

	d.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st Award) and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).



      _______ _  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)                                         AR20100023038



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ABCMR Record of Proceedings (cont)                                         AR20100023038



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