IN THE CASE OF:
BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110001780
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 Good Conduct Medal and Overseas Service Medal (correctly known as the Overseas Service Ribbon).
2. The applicant states:
* He should have been awarded these medals
* These medals were never issued or given to him upon his discharge
3. The applicant provides no documentary evidence.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He was inducted into the Army of the United States on 2 April 1969. He served as a personnel specialist in Vietnam from 18 April 1970 to 28 February 1971. He was released from active duty on 1 March 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the:
* NDSM [National Defense Service Medal]
* VSM [Vietnam Service Medal]
* GCMDL [Good Conduct Medal]
* RVNCM [Republic of Vietnam Campaign Medal with Device (1960)]
* 1 O/S BAR [one award of the Overseas Service Bar]
* SPS M-16 [Sharpshooter Marksmanship Qualification Badge with Rifle
M-16 Bar]
4. Since the Good Conduct Medal is shown on his DD Form 214, this portion of his request will not be discussed further in these proceedings.
5. Army Regulation 600-8-22 (Military Awards) 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. 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 Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. He contends he should have been awarded the Overseas Service Ribbon. However, since he did not have an Active Army status on or after 1 August 1981, there is no basis for granting his request for the Overseas Service Ribbon.
2. The ABCMR does not issue medals. The applicant may receive the awards (such as the Good Conduct Medal) shown on his DD Form 214 by submitting a request via a letter or the Standard Form (SF) 180 (Request Pertaining to Military Records) to the following address: National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100. Requests must include a copy of the DD Form 214 and any other supporting documentation to substantiate the request. The SF 180 can be found at http://www.archives.gov.
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 that 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) AR20110001780
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110001780
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110008418
The applicant requests: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all authorized awards * removal of a DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice] * deletion of the phrase "EM TERMINATED SPECIAL FORCES AND IS BARRED FROM FURTHER SPECIAL FORCES TRAINING AND/OR ASSIGNMENT" from his DA Form 20 (Enlisted Qualification Record) 2. The following specific records show: * DD Form 214...
ARMY | BCMR | CY2010 | 20100017970
Therefore, his DD Form 214 should be corrected to show these unit awards. Army Regulation 635-5 establishes that item 14 of the DD Form 214 shows education and training completed during the period covered by the DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 26 of his final DD Form 214 the Vietnam Service Medal and Overseas Service Ribbon (2); b. amending item 5 to read "390330"; c....
ARMY | BCMR | CY2013 | 20130004488
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the Korea Defense Service Medal * the Korean Service Medal * the Overseas Service Ribbon * all unit awards he is entitled to for his service in Vietnam 2. As he served on active duty after 1 August 1981, he is entitled to the Overseas Service Ribbon (4th Award) and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2014 | 20140015141
The applicant's DA Form 2-1 (Personnel Qualification Record), reviewed on 28 April 1986, shows in * item 5 (Oversea Service) the country where he served, period of overseas service, and if credit for NTC was granted, as follows Country Period (From Through) NTC Not Entered 15 Months Prior to 1 January 1960 No Entry Germany 17 March 1960 29 February 1964 Yes RVN 21 May 1967 13 May 1968 Yes Germany 21 June 1968 31 March 1970 No RVN 1 April 1970 29 March 1971 Yes Germany 30 March...
ARMY | BCMR | CY2010 | 20100027199
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and Army Commendation Medal. General Orders Number 2107 issued by Headquarters, U.S. Army Engineer Command, Vietnam, dated 18 December 1971, awarded him the Army Commendation Medal for meritorious service from 28 January 1971 to 10 January 1972. Item 9 (Awards, Decorations and Campaigns) of his subsequent DA Form 2-1 (Personnel...
ARMY | BCMR | CY2013 | 20130021144
The applicant served on active duty from January 1960 to July 1980. He was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD Form 214, ending on 5 April 1991, the Vietnam Service Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation * adding to his DD Form 214, ending on 5 April 1991, the: * Army of Occupation Medal (Berlin) * Vietnam Service Medal...
ARMY | BCMR | CY2010 | 20100019997
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 10 July 1980, to show his total active service and awards. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 for the period ending on 10 July 1980 the: * Korea Defense Service Medal *...
ARMY | BCMR | CY2004 | 2004100892C070208
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (all periods of service)), of his DD Form 214, shows he was awarded the: "National Defense Service Medal//Republic of Vietnam Campaign Medal, with 60 Device//Meritorious Unit Citation//Overseas Service Bars (4)//Combat Sp Skill with Dr Bar//Republic of Vietnam Cross Gallantry with Palm//Army Service Ribbon//Service Stripes-5//Good Conduct Medal 4th Award//Overseas Service Ribbon-1//Army Commendation...
ARMY | BCMR | CY2013 | 20130021288
d. His DA Form 20 (Enlisted Qualification Record) shows: * completed the Recruiter Career Counselor Course * spent 6 overseas service tours and may be entitled to 5 Overseas Service Ribbons * served in Korea for 13 months and should be entitled to the Korean Service Medal and/or Korea Defense Service Medal * he was assigned as a Drill Sergeant and should be entitled to the Drill Sergeant Identification Badge * in item 41 (Awards and Decorations) the: * Army of Occupation Medal (Berlin) *...
ARMY | BCMR | CY2013 | 20130021606
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Overseas Ribbon (interpreted to mean overseas service bars). Army Regulation 600-8-22 (Military Awards) states: a. His unit's contributions during his service in Thailand are not in question; however, there is...