IN THE CASE OF:	  

		BOARD DATE:	  30 December 2014

		DOCKET NUMBER:  AR20140007742 


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 award of the Army Good Conduct Medal and Overseas Service Ribbon.

2.  The applicant states:

   a.  In regard to the Army Good Conduct Medal, he was assigned to many different companies in a short period of time.  There was no record of him being awarded the Army Good Conduct Medal.  In his 3 years of service he believes that he was never assigned to a company long enough for anyone to know him.  During one year while serving in Korea, he served on temporary duty most of his tour and was assigned to two other units.  While serving in Germany for 16 months he was assigned to five different companies.  He was never in any problem while assigned to the companies.
   
   b.  In regard to the Oversea Service Ribbon, he served 2 1/2 years of his 3 years overseas.  While serving in Korea he was assigned to the 13th Quartermaster Battalion, 44th Artillery Battalion, and 802nd Engineer Battalion.  While serving in Germany he was assigned to the 15th Quartermaster Battalion, 12th Supply Company, 115th Supply and Service Battalion, and 619th Supply Company.

3.  The applicant provides a copy of a letter from the National Personnel Records Center (NPRC).


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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 29 July 1963.  He was awarded military occupational specialty 63E (construction machine operator).  He served in:

* Korea from 23 January 1964 through 10 February 1965 and was assigned to Company A, 13th Quartermaster Battalion, from 29 January to 1964 to 9 February 1965
* Germany from 25 March 1965 through 8 July 1966 and he was assigned to:

* Company A, 15th Quartermaster Battalion, from 5 April to 10 August 1965
* Headquarters and Headquarters Company, 115th Supply and Service Battalion, from 11 August to 4 October 1965
* 12th Supply Company, 115th Supply and Service Battalion, from 5 October 1965 to 30 April 1966
* 619th Supply Company, 115th Supply and Service Battalion, from 1 May to 8 July 1966

3.  On 2 April 1966, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for disobeying a lawful order by his commanding officer not to consume or possess alcoholic beverages in the company billets.  

4.  He was honorably released from active duty in the rank/pay grade of specialist four (SP4)/E-4 (temporary (T)) on 28 July 1966.  He was credited with completing 3 years of active service of which 2 years, 6 months, and 6 days was foreign service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his period of service, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 41 (Awards and Decorations) lists the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  He provided a copy of a letter from the NPRC, dated 29 April 2013, wherein he was advised of authorization and shipment of the following awards:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Korea Defense Service Medal

7.  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 service entirely during the period 7 December 1941 through 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-marital.

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

   a.  The Korea Defense Service Medal is awarded to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined by the Secretary of Defense for 30 consecutive or for 60 nonconsecutive days.
   
   b.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received all "excellent" conduct and efficiency ratings throughout his service with no evidence of a commander's disqualification for the first award of the AGCM.  There is evidence of minor indiscipline; however, this minor indiscipline should not overshadow the successful completion of his term of service.  He attained the rank/grade of SP4/E-4, completed two overseas tours, and he was honorably separated.  Therefore, it would be appropriate at this time to award him the AGCM (1st award) for his period of service from 29 July 1963 through 28 July 1966 and its addition to his DD Form 214.

2.  He completed a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  With regard to award of the Overseas Service Ribbon, the evidence of record does not show he met the criteria for award of the Overseas Service Ribbon during the period of his active duty service.  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.  He was released from active duty on 28 July 1966.  Therefore, there is insufficient evidence on which to base award of the Overseas Service Ribbon and its addition to his 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 Army Good Conduct Medal (1st Award) for his period of service from 29 July 1963 through 28 July 1966
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Korea 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 award of the Overseas Service Ribbon and its addition 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)                                         AR20140007742





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ABCMR Record of Proceedings (cont)                                         AR20140007742



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