IN THE CASE OF:	  

		BOARD DATE:	  4 December 2014

		DOCKET NUMBER:  AR20140007179 


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 (Report of Separation from the Armed Forces of the United States) to show the:

* Army Good Conduct Medal (AGCM)
* National Defense Service Medal (NDSM)
* Overseas Service Ribbon (OSR)

2.  He states the National Personnel Records Center (NPRC) confirmed that he was authorized the NDSM.  Additionally, he received an honorable discharge for serving 1 year and 11 months in the Army during a wartime period of which 16 months was served in Germany.  Therefore, he should be entitled to the AGCM and the OSR.

3.  He provides:

* DD Form 214
* DA Form 493 (Separation Qualification Record)
* Photographs
* NPRC Letters, dated 27 February 2014 and 8 April 2014
* VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim)
* Questionnaire About Military Service



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’s military records are not available to the ABCMR for review.  A fire destroyed approximately 18 million service members’ records at NPRC in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant.

3.  Records available to the Board show the applicant was inducted into the Army of the United States and entered active duty on 26 November 1951.  He was honorably released from active duty on 5 November 1953 and credited with completing 1 year, 11 months, and 10 days of active duty service of which 
1 year, 5 month, and 10 days was listed as foreign service.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the entry "None."

5.  Army Regulation 672-5-1(Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  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.

6.  Army Regulation 672-5-1 provides that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 
1 January 1961 through 14 August 1974, inclusive.

7.  Army Regulation 600-8-22 (Military Awards) shows that the OSR was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that 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.  There are no documents to show that the applicant received "excellent" conduct and efficiency ratings during the entire period of qualifying service for the award of the AGCM.  Therefore, in the absence of a positive recommendation by the applicant's immediate commander, he is not entitled to the award of the AGCM.

2.  He met the eligibility requirements for award of the NDSM.  Therefore, he is entitled to this award and to have it added to his DD Form 214.

3.  While the evidence of record verifies that he was credited with 1 year, 
5 months, and 10 days of foreign service credit, he is not entitled to the award of the OSR.  There is no evidence and the applicant did not provide any to show that he had an Active Army status on or after 1 August 1981 as required for qualification for this award.  Therefore, the evidence does not justify correcting his records to show the OSR.

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 amending his DD Form 214 to show he was awarded the NDSM.

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 AGCM and the OSR.



      _____________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)                                         AR20140007179





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ABCMR Record of Proceedings (cont)                                         AR20140007179



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