IN THE CASE OF:	  

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100025804 


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 Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon.

2.  The applicant states he did not know he was eligible for these awards until he recently talked to the Veterans of Foreign wars.

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record). 

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 13 January 1960, completed training in military occupational specialty (MOS) 951 as a military policeman, and served without a discreditable incident of record.

3.  He progressed normally, served in France from October 1961 to November 1962, and was advanced to pay grade E-4 on 21 March 1962.  He was commended for his letter to the President explaining that he and his buddies were grateful Americans and that Soldiers who complained were being unappreciative.

4.  Following his return to the United States in November 1962 he served 
2 months at Opa Locka Air Force Base, Florida and 1 month at Fort Lewis, Washington.

5.  The applicant underwent frequent qualification in arms.  His final qualifications were as an expert with the .30 Carbine, as a sharpshooter with the M-1 Rifle, and as a marksman with the .45 Pistol.  

6.  The applicant received exclusively "excellent" conduct and efficiency ratings throughout his period of service.  There is no indication that he was ever disqualified from favorable consideration for the Good Conduct Medal.

7.  He was released from active duty on 11 January 1963 and transferred to the Army Reserve Control Group (Reinforcement).

8.  Army Regulation 672-5-1 (Awards), in effect at the time, 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.  There must have been no convictions by a court-martial.  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.

9.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The National Defense Service Medal is awarded for any length of honorable active service including between 1 January 1961 and 14 August 1974.

   b.  The Army Service Ribbon and the Overseas Service Ribbon became effective 1 on August 1981.  They may be awarded retroactively only to those personnel who had an Active Army status on or after 1 August 1981.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant did not know he was eligible for the Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon until he recently talked to the Veterans of Foreign Wars.

2.  The applicant served a qualifying period of service for award of the Army Good Conduct Medal.  He had exclusively "excellent" conduct and efficiency ratings and there is no discreditable information.  Considering his frequent reassignments in the last 3 months of active duty it is reasonable to presume that the failure to recommend him for an award him the Army Good Conduct Medal was mere oversight.  He should be awarded the Good Conduct Medal at this time.

3.  He qualified for award of the National Defense Service Medal.

4.  The applicant qualified for the Expert Marksmanship Qualification Badge with Carbine Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  

5.  The above awards should be added to his DD Form 214.

6.  Since the applicant did not have qualifying service subsequent to 1 August 1981 he is not authorized the Army Service Ribbon or the Overseas Service Ribbon. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  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 January 1960 through 11 January 1963; and 

	b.  adding to the authorized awards currently listed on his DD Form 214 the Army Good Conduct Medal, National Defense Service Medal, Expert Marksmanship Qualification Badge with Carbine Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar.

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 Army Service Ribbon and the 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)                                         AR20100025804





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100025804



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1