IN THE CASE OF:	  

		BOARD DATE:	  2 October 2012

		DOCKET NUMBER:  AR20110024608 


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 by adding the Army Good Conduct Medal (AGCM), Overseas Service Ribbon (OSR), and his service time in Germany.

2.  The applicant states, in effect, during his military service, Berlin was still occupied because of World War II.  He further states he wants to join the Veterans of Foreign Wars (VFW).
 
3.  The applicant provided no additional evidence.

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 10 July 1961.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 121 (Combat Engineer).  

3.  The applicant's DA Form 24 (Service Record), section 4 (Chronological Record of Military Service) shows he received all "excellent" conduct and efficiency ratings throughout his active duty military service.

4.  The applicant's record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  His record is void of any orders or documents indicating he was ever recommended for or awarded the AGCM.

5.  The applicant’s DA Form 24, section 4 shows he served in Germany during the period 18 December 1961 through 14 June 1964.

6.  On 25 June 1964, the applicant was honorably released from active duty in the rank of specialist five/E-5 after completing 2 years, 11 months, and 16 days of active duty service.  His DD Form 214 shows he earned the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 (Foreign and/or Sea Service) of his DD Form 214 shows he completed 2 years, 6 months, and 19 days in U.S. Army Europe (USAREUR).

7.  Army Regulation 672-5-1 (Military Awards) provided the Army's awards policy in effect at the time.  It stated the AGCM 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.  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 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.
9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  From 1951 to 1962, item 26 (Foreign and/or Sea Service) of the DD Form 214 in effect at the time, showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  During the Vietnam War, item 24c of the DD Form 214 in effect at that time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., USAREUR or USARV).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the AGCM, OSR, and his service time in Germany has been carefully considered and found to lack merit.

2.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM.  He received all "excellent" efficiency and conduct ratings throughout his active duty service; therefore, it would be appropriate to award him the AGCM and to add this award to his DD Form 214.

3.  The applicant's record shows that he served on active duty in Germany during the period 18 December 1961 through 14 June 1964. The Overseas Service Ribbon was authorized for completion of a normal overseas tour on
1 August 1981.  However, there are no retroactive provisions that allow for adding this award to the record of any member who was not in an active Army status on or after 1 August 1981.  Therefore, there is an insufficient evidentiary basis to support granting the relief requested by the applicant.

4.  The applicant's record shows that at the time he served in Germany, the country fell under USAREUR.  Accordingly, when his DD Form 214 was processed, it listed his foreign service in item 24c with the major command, USAREUR. 

5.  At the time of his release from active duty in June 1964 there was no provision in the regulation to list the specific country on the DD Form 214.  Subsequent to his release from active duty, the regulation changed and mandated an entry in item 32 for service in Indochina, Vietnam, and Korea.  Accordingly, no Germany entry was made in item 32 of the applicant's DD Form 214.



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 10 July 1961 through
25 June 1964 and adding this award 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 amending his DD Form 214 to add the Overseas Service Ribbon of his service in Germany.




      _______ _   _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)                                         AR20110024608





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ABCMR Record of Proceedings (cont)                                         AR20110024608



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