IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20110001861 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the National Defense Service Medal, Army Overseas Service Medal, Army Service Ribbon, and North Atlantic Treaty Organization (NATO) Medal.

2.  The applicant states he did not receive these awards during his active duty service.

3.  The applicant provides a copy of his DD Form 214, effective 24 August 1962.

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 on 
31 August 1959.  He served in Germany from 12 February 1960 to 13 August 1962 with Company A, 1st Brigade, 34th Infantry.

3.  He was honorably released from active duty on 24 August 1962 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He was credited with 2 years, 11 months, and 24 days of net active service.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows "None."   

5.  Section 9 (Medal, Decorations, and Citations) of the applicant's DA Form 
24 (Service Record) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  Section 4 (Chronological Record of Military Service) of his DA Form 24 shows that his conduct and efficiency ratings were excellent. 

7.  Army Regulation 672-5-1 (Awards) provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" subsequent to 11 November 1956 was not disqualifying.  However, 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.

8.  Army Regulation 600-8-22 (Military Award) provides that the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

9.  Army Regulation 600-8-22 (Military Awards) states the Army 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

10.  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.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  Army Regulation 600-8-22 (Military Awards) states the North Atlantic Treaty Organization (NATO) Medal was authorized by the Secretary-General of the North Atlantic Treaty Organization for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia from 1 July 1992 through a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form be corrected to show the award of the National Defense Service Medal, Army Overseas Service Medal, Army Service Ribbon, and NATO Medal

2.  The applicant served a period of honorable active service during a qualifying period for award of the National Defense Service Medal; therefore this award should be added to his DD Form 214. 

3.  He had exclusively excellent proficiency and conduct ratings during a qualifying period of enlisted active duty service.  He should be awarded the Army Good Conduct Medal for the period 31 August 1959 to 24 August 1962.

4.  Evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this qualification badge.

5.  The applicant does not meet the regulatory requirements for the award of the Army Service Ribbon, Overseas Service Ribbon, or NATO Medal.
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 Good Conduct Medal for the period from 31 August 1959 to 24 August 1962; and

	b.  showing in item 26 of his DD Form 214 the National Defense Service Medal, Army Good Conduct Medal and the Expert Marksmanship Qualification Badge with Rifle 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 the award of the Army Service Ribbon, Overseas Service Ribbon or NATO Medal.  




      _______ _  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)                                         AR20110001861





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ABCMR Record of Proceedings (cont)                                         AR20110001861



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