IN THE CASE OF:	  

		BOARD DATE:	 15 March 2012 

		DOCKET NUMBER:  AR20110018044 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards:

* Army Commendation Medal
* National Defense Service Ribbon
* Army Good Conduct Medal
* Army Achievement Medal
* Overseas Service Ribbon

2.  The applicant states the awards he earned on active duty are not on his DD Form 214.  The only award listed is the Army Service Ribbon.  He earned and should have received the requested awards.  He believes that when is DD Form 214 was prepared the awards were overlooked.  He was an overseas returnee and his records may have been incomplete.

3.  The applicant provides a copy of 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 enlisted in the Regular Army on 17 June 1980 and held the military occupational specialty 05B (Radio Operator).  He was assigned to Company E, 2nd Aviation Battalion (Combat), U.S. Army Europe, 7th Army, in Germany from 17 June 1982 to 7 June 1983, a period of 11 months and 18 days.

3.  His DA Form 2-1 (Personnel Qualification Record) listed one award on his DA Form 2-1; the Army Service Ribbon.

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 16 June 1983.  His DD Form 214 shows he completed 3 years of creditable active service, 11 months and 18 days of which was foreign service.  He had no lost time and he was fully eligible to reenlist.  The only award listed on his DD Form 214 is the Army Service Ribbon.

5.  His records do not contain any orders for the Army Commendation Medal, Army Achievement Medal, or Army Good Conduct Medal.

6.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period of 17 June 1980 through 16 June 1983.  There are no entries in his record to indicate that his commanders denied him award of the AGCM during this period of service. In addition the applicant was honorably released at the end of his term of service.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  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 AGCM, disqualification must be justified.

	d.  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.  

	e.   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.  At the time of his service, tour length for Germany was 36 months accompanied/with dependents and 24 months unaccompanied/without dependents.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Good Conduct Medal, the applicant served honorably during the period 17 June 1980 through 16 June 1983.  His records do not contain any derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award.  It appears he met the criteria for this award.  Therefore, he is entitled to the award of the Army Good Conduct Medal and correction of his DD Form 214 to show it.  

2.  With respect to the National Defense Service Medal, this award is awarded for honorable active service during periods 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.  He did not serve during a qualifying period of service and is therefore not entitled to this award.

3.  With respect to the Overseas Service Ribbon, his records show he completed 11 months and 18 days of foreign service in Germany.  Tour length for Germany at the time was 24 months for unaccompanied Soldiers.  It appears he does not qualify for this award.
4.  With respect to the Army Commendation Medal and the Army Achievement Medal, both medals require formal recommendations, approval through the chain of command, and announcement in orders are required.  There is no record of a formal recommendation, approval through the chain of command, or announcement in orders for either award in his records. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 Army Good Conduct Medal (1st Award) for the period 17 June 1980 through 16 June 1983 and adding it to his DD Form 214.

2.  The Board further determined 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 National Defense Service Ribbon, Overseas Service Ribbon, Army Commendation Medal, and Army Achievement 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)                                         AR20110018044



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ABCMR Record of Proceedings (cont)                                         AR20110018044



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