IN THE CASE OF:
BOARD DATE: 24 May 2011
DOCKET NUMBER: AR20100027653
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) for the period ending 24 May 1988 to show the Army Good Conduct Medal, Army Achievement Medal, and Overseas Service Ribbon.
2. The applicant states he served honorably and believes he should have these awards and medals.
3. The applicant provides his DD Form 214 for the period ending 24 May 1988.
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. His complete military records covering his service from 7 March 1985 through 24 May 1988 are not available for review.
3. Having prior service in the U.S. Army Reserve, he enlisted in the Regular Army on 7 March 1985 for a period of 3 years. He completed his training and was awarded 11B (infantryman). On 24 May 1988, he was honorably discharged for alcohol abuse rehabilitation failure. He completed 3 years, 2 months, and 18 days of creditable active service.
4. His DD Form 214 for the period ending 24 May 1988 does not show the Army Good Conduct Medal or Overseas Service Ribbon as authorized awards. It does show the Army Achievement Medal. Therefore, the portion of his request pertaining to the Army Achievement Medal will not be discussed further in this Record of Proceedings.
5. His DD Form 214 for the period ending 24 May 1988 also shows he served 2 years and 3 days of foreign service and his last duty assignment and major command was U.S. Army Europe (USAREUR).
6. There are no orders for the Army Good Conduct Medal in the available records.
7. There is no evidence that shows he completed an overseas tour.
8. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Paragraph 4-8b states that individuals whose retention is not warranted are not eligible for award of the Army Good Conduct Medal.
9. Army Regulation 600-8-22 states the Overseas Service Ribbon 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 for successful completion of overseas tours.
DISCUSSION AND CONCLUSIONS:
1. He contends he served honorably and should receive the Army Good Conduct Medal. However, there are no orders for the Army Good Conduct Medal. Notwithstanding his honorable discharge, he was discharged for alcohol abuse rehabilitation failure. The governing regulation states that individuals whose retention is not warranted are not eligible for award of the Army Good Conduct Medal. Therefore, there is no basis for granting his request for the Army Good Conduct Medal.
2. He also contends he is eligible for the Overseas Service Ribbon. The evidence shows he completed 2 years and 3 days of foreign service and his last duty assignment and major command was USAREUR. However, without his complete military records, it cannot be determined if he met the qualifications to be credited for a complete overseas tour. Therefore, there is insufficient evidence on which to base award of the Overseas Service Ribbon.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20100027653
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100027653
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