IN THE CASE OF:	  

		BOARD DATE:  17 January 2012

		DOCKET NUMBER:  AR20110014464 


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 Overseas Service Ribbon (OSR) and any other awards to which he is entitled.

2.  The applicant states he served overseas in East Africa and never received any awards for that service.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 was inducted into the Army of the United States at Fort Jackson, South Carolina, on 19 February 1970 and remained there to undergo basic training.  He was honorably discharged on 25 February 1970 to enlist in the Regular Army while in the reception station.

3.  On 26 February 1970, he enlisted in the Regular Army for a period of 3 years and training as a fixed station radio equipment operations and maintenance specialist.  He completed basic training and was transferred to Fort Monmouth, New Jersey, to undergo advanced individual training (AIT).

4.  He completed AIT and was transferred to Asmara, Ethiopia, on 3 November 1970 and served there until 29 April 1972.  He was transferred to Fort Bragg, North Carolina, where he remained until he was honorably released from active duty (REFRAD) on 23 February 1973 due to the expiration of his term of service.  He completed 3 years and 4 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal and marksmanship qualification badges.

5.  The applicant was honorably discharged from the U.S. Army Reserve Control Group (Standby) on 1 February 1976.

6.  A review of his records shows that he had excellent conduct and efficiency ratings and one service school rating of “Good” throughout his career.  His record contains no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.

7.  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 normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the OSR for his service in Ethiopia has been noted and appears to lack merit.

2.  The OSR was not established until 1981 and was only made retroactive for members in an active status on 1 August 1981, which was well after the applicant had been REFRAD and discharged.  Accordingly, he is not entitled to award of the OSR for his foreign service.

3.  However, it appear that the applicant was eligible for award of the AGCM based on his conduct and efficiency ratings and the absence of derogatory information that would serve to disqualify him for that award.  Accordingly, he should be awarded the AGCM (1st award) for the period of 19 February 1970 to 18 February 1973.

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 awarding him the AGCM (1st award) for the period of 19 February 1970 to 
 18 February 1973 and adding it to his DD Form 214.

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 OSR.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _  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)                                         AR20110014464





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014464



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1