BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110019693


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the total amount of active service he performed.

2.  As a secondary issue, he requests award of the Army Good Conduct Medal and any other medals related to his overseas service.

3.  The applicant states he served 3 years, 1 month, and 27 days of total active service; however, his DD Form 214 shows he completed only 2 years, 1 month, and 27 days of active service.

4.  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 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 U.S. Army Reserve (USAR) on 28 August 1968 for a period of 6 years to include a 3-year term of active duty.

3.  Special Orders Number 170, Armed Forces Examining and Entrance Station, Milwaukee, WI, dated 28 August 1968, ordered him to active duty effective 22 November 1968.

4.  On 22 November 1968, he enlisted in the Regular Army and entered active duty.  He completed training and was awarded military occupational specialty 94B (Cook).

5.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Okinawa from on or about 2 March 1970 to on or about 21 October 1971.

6.  On 23 October 1971, he was honorably released from active duty and transferred to the USAR.  The DD Form 214 he was issued contains the following entries:

	a.  Item 17c (Current Active Service Other Than by Induction – Date of Entry) shows he entered active duty on 28 August 1968.

	b.  Item 22a(1) (Statement of Service – Creditable for Basic Pay Purposes – Net Service This Period) shows he completed 2 years, 1 month, and 27 days of net service during this period creditable for basic pay purposes.

	c.  Item 22a(2) (Statement of Service – Creditable for Basic Pay Purposes – Other Service) shows he completed no other service creditable for basic pay purposes.

	d.  Item 22a(3) (Statement of Service – Creditable for Basic Pay Purposes – Total (Line (1) plus Line (2)) shows he completed 2 years, 1 month, and 27 days of total service creditable for basic pay purposes.

	e.  Item 22b (Statement of Service – Total Active Service) shows he completed 2 years, 1 month, and 27 days of total active service during this period of enlistment.

	f.  Item 22c (Statement of Service – Foreign and/or Sea Service) shows he completed 1 year, 7 months, and 6 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations.

	g.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal and Army Commendation Medal.

7.  There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal; however, neither is there evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ).

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he consistently received "excellent" conduct and efficiency ratings throughout his period of service.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for the 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.  There must have been no convictions by a court-martial.

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 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 applicant contends his DD Form 214 should be corrected to show the total amount of active service he performed.

2.  The evidence of record shows he enlisted in the USAR on 28 August 1968; however, he entered active duty on 22 November 1968, the same date he enlisted in the Regular Army.  Therefore, item 17c of his DD Form 214 is in error and should be corrected to accurately account for his military service.

3.  He served a period of inactive service, equal to 2 months and 24 days, prior to his entry on active duty.  This period of service is not shown on his DD Form 214; therefore, item 22a(2) of his DD Form 214 should be corrected to show he served 2 months and 24 days of inactive service.

4.  He entered active duty on 22 November 1968 and was separated on 23 October 1971 – a period of 2 years, 11 months, and 2 days.  His DD Form 214 shows he served 2 years, 1 month, and 27 days.  Therefore, items 22a(1) and 22b should be corrected to show he served 2 years, 11 months, and 2 days.

5.  He served 2 years, 11 months, and 2 days of active service and 2 months and 24 days of inactive service – a period that equals 3 years, 1 month, and 26 days of total service.  This period is not shown on his DD Form 214.  Therefore, he is entitled to correction of item 22a(3) of his DD Form 214 to show he served 3 years, 1 month, and 26 days of total service.

6.  The applicant contends he should be awarded the Army Good Conduct Medal (1st Award).  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his service and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service. 
There is no evidence of a commander's disqualification statement pertaining to his first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 22 November 1968 to 23 October 1971 and his DD Form 214 should be corrected to show this award.

7.  The applicant contends, in effect, he should be awarded the Overseas Service Ribbon for his foreign service in Okinawa.  Army Regulation 600-8-22 states the Overseas Service Ribbon 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 applicant had no military status after 1 August 1981; therefore, he is not entitled to this portion of the requested relief.


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 is 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 Army Good Conduct Medal (1st Award) for the period 22 November 1968 to 23 October 1971;

	b.  amending item 17c of his DD Form 214 to delete the entry "28 AUG 68" and replace it with "22 NOV 68,"

	c.  amend item 22a(1) to delete the entry "2  1  27" and replace it with "2  11  2,"

	d.  amend item 22a(2) to delete the entry "0  0  0" and replace it with "0  2  24,"

	e.  amend item 22a(3) to delete the entry "2  1  27" and replace it with "3  1  26,"

	f.  amend item 22b to delete the entry "2  1  27" and replace it with "2  11  2," and

	g.  amend item 24 to add the Army Good Conduct Medal (1st Award).

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 correcting the applicant's DD Form 214 to 

add the Overseas Service Ribbon or show he had 3 years, 1 month, and 27 days of active service.



      ____________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)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20110019693



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