BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20130002035 


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 (Armed Forces of the United States Report of Transfer or Discharge) by adding all authorized decorations, awards and badges.

2.  The applicant states that his DD Form 214 does not reflect all of his authorized awards and should reflect awards of the Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), National Defense Service Medal (NDSM) and his weapons qualification badge.

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 31 August 1960 for a period of 3 years and training as a personnel specialist.  He completed his basic training at Fort Hood, Texas, and his advanced individual training at Fort Ord, California, and Fort Benjamin Harrison, Indiana, before departing for assignment to Germany on 1 March 1961.

3.  He was assigned to an artillery battalion and on 21 August 1962, he qualified as a Sharpshooter with the M14 rifle.

4.  He departed Germany on 28 May 1963 and was transferred to Fort Dix, New Jersey, where he was honorably released from active duty (REFRAD) on 4 June 1963 to attend school.  He had served 2 years, 9 months, and 4 days of active service and his DD Form 214 issued at the time of his REFRAD shows no decorations or awards.

5.  A review of his official records shows that he received “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  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.  There must have been no convictions by a court-martial.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

	a.  The NDSM 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.  

	b.  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.

	c.  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 applicant served during a qualifying period for award of the NDSM and is entitled to addition of this award to his DD Form 214.

2.  He also qualified as a Sharpshooter with the M14 rifle and is entitled have the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) added to his DD Form 214.

3.  He also had “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.  Accordingly, he should be awarded the AGCM (1st Award) for the period of 31 August 1960 to 4 June 1963.

4.  However, the applicant’s contention that he should be awarded the ASR and OSR lacks merit because these awards were not established until 1981 and required that individuals be in an active status in 1981 in order to be eligible for those awards.  Accordingly, he is not entitled to this portion of the requesated relief. 

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 31 August 1960 to 
	4 June 1963
* adding the awards of the NDSM, AGCM (1st Award), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 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 adding the awards of the ASR and OSR to his DD Form 214.  




      _______ _   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)                                         AR20130002035





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ABCMR Record of Proceedings (cont)                                         AR20130002035



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