IN THE CASE OF:	  

		BOARD DATE:  22 February 2012

		DOCKET NUMBER:  AR20110017971 


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) to show award of the Army Good Conduct Medal (AGCM), Army Service Ribbon (ASR), and Overseas Service Ribbon (OSR).

2.  The applicant states he meets the criteria for awarding the AGCM, ASR, and OSR.

3.  The applicant provides his DD Form 214.

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 record shows he enlisted in the Regular Army on 31 July 1978.  He completed one station unit training and he was awarded military occupational specialty 72E (Telecommunications Center Operator).  He was stationed in the Federal Republic of Germany on 11 December 1978, where he was further assigned to Company A, 143rd Signal Battalion.  He departed Germany on 27 July 1981.  The highest rank/grade he attained during this period of service was specialist four/E-4.  The applicant was honorably released from active duty on 30 July 1981, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed 3 years of creditable service with no lost time.  His DD Form 214 lists no awards.

3.  A review of the applicant's service record shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions which would disqualify him for the first award of the AGCM.  Additionally, there are no entries in his record to indicate his commanders denied him award of the AGCM.

4.  Army Regulation 600-8-22 (Military Awards) states the AGCM 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 AGCM, disqualification must be justified.  

5.  Army Regulation 600-8-22 states the ASR 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.

6.  Army Regulation 600-8-22 states the OSR 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.  The evidence of record confirms the applicant served honorably on active duty during the period 31 July 1978 through 30 July 1981 and he was advanced in rank three times during this period.  His record is void of any evidence that shows he had time lost or that he received nonjudicial punishment or court-martial action.  There is also no evidence of a suspension of favorable personnel actions or a commander's disqualification for award of the AGCM.  Lacking any derogatory information which would have precluded the applicant from being awarded the AGCM it would be appropriate to award him the AGCM (1st Award) for the period 31 July 1978 through 30 July 1981 and to correct his DD Form 214 to show this award.

2.  Army Regulation 600-8-22 shows the ASR 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.  The evidence clearly shows the applicant did not serve in an active status after 1 August 1981.  Therefore, he is not entitled to have his records corrected to show award of the ASR.

3.  Army Regulation 600-8-22 shows the OSR 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.  The evidence clearly shows the applicant did not serve in an active status after 1 August 1981.  Therefore, he is not entitled to have his records corrected to show award of the OSR.

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 exemplary behavior, efficiency, and fidelity during the period 31 July 1978 through 30 July 1981, and adding the award 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 the ASR and OSR.  



      _______ _   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)                                         AR20110017971



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ABCMR Record of Proceedings (cont)                                         AR20110017971



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