IN THE CASE OF:	   

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140005989


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) to show award of:

* National Defense Service Medal (NDSM)
* Overseas Service Bar or Overseas Service Ribbon
* Any other unit awards he may be authorized

2.  The applicant states he believes he is authorized the NDSM because he served during a qualifying period of service.  He further thinks he should have received an overseas service bar or ribbon for his service overseas.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 24 (Service Record) (pages 2,3,4 only)
* DA Form 20 (Enlisted Qualification Record)

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.  On 26 May 1961, the applicant enlisted in the Regular Army.  He completed 
8 weeks training in food service.

3.  On 17 October 1961, the applicant departed Fort Knox, KY for duty in Europe, where he was assigned for duty as a food service helper with the 509th Quartermaster Company in Frankfurt, Germany.

   a.  In September 1962, he was assigned to duty as a petroleum storage specialist.
   
   b.  He was absent without leave during the period 16 September to 3 October 1963.
   
   c.  In October 1963, he was assigned to duty as a supply handler.
   
   d.  He was placed in confinement on 6 November 1963 and was subsequently reduced in rank to private, pay grade E-1 on 18 November 1963 as a result of a special court-martial.
   
   e.  He was released from confinement on 9 April 1964 and departed Europe on 14 April 1964.

4.  On 23 April 1964, the applicant was discharged from active duty under the provisions of Army Regulation 635-209 (Personnel Separations) for unsuitability.  He received a general, under honorable conditions characterization of service.  He had accrued a total of 165 days of time lost.

5.  The applicant’s DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

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

   a.  provides that the NDSM was awarded for honorable active duty service for any period between 1 January 1961 through 14 August 1974; and
   
   b.  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.

7.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of:

* NDSM
* Overseas Service Bar or Overseas Service Ribbon
* Any other unit awards he may be authorized

2.  The applicant’s records clearly show that his entire period of active duty service was characterized as general, under honorable conditions.  The governing regulation states that the NDSM is only awarded for periods of honorable active duty service.  Accordingly, his overall period of service did not qualify for this medal.  However, prior to his misconduct, it appears he did successfully complete his initial training, was awarded a military occupational specialty, and served honorably for more than 2 years.  Therefore, it would be appropriate to show he was authorized the NDSM.

3.  The available records do not show that the applicant ever served in a designated overseas location that would have authorized his being issued an Overseas Service Bar.  Therefore, this portion of his request should be denied.

4.  The available records show that the applicant did not serve on active duty overseas during a qualifying period authorized the Overseas Service Ribbon.  Therefore, this portion of his request should also be denied.

5.  A review of the applicant’s entire personnel record failed to show any other personal decorations, service medals, or unit awards that he may have been authorized to receive.

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 adding to his DD Form 214 the National Defense Service Medal.

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 Overseas Service Bar, Overseas Service Ribbon, or any other personal or unit awards.




      _______ _   _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)                                         AR20140000079



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ABCMR Record of Proceedings (cont)                                         AR20140005989



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