IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140012877
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 the Army Good Conduct Medal and the Overseas Service Ribbon.
2. The applicant states that his honorable service should be noted in his record.
3. The applicant provides his DD Form 214 for the period ending 7 December 1966 and his 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. The applicant enlisted in the Regular Army on 13 January 1966 and after completing his training he served in military occupational specialty 71B (Clerk Typist).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 31 (Foreign Service), he served in Germany from 27 May to
3 December 1966;
b. Item 38 (Record of Assignment), he received "excellent" conduct and efficiency ratings throughout his period of service; and
c. Item 41 (Awards and Decorations), no entry for award of the Army Good Conduct Medal.
4. He was honorably released from active duty on 7 December 1966 by reason of hardship upon the completion of 10 months and 25 days of total active service. His DD Form 214 for this period of service shows he was awarded or authorized the National Defense Service Medal.
5. Item 24c (Foreign and/or Sea Service) of his DD Form 214 contains the entry "USAREUR" and "6 9" indicating his total foreign service in Germany was
6 months and 9 days.
6. There is no evidence in the available records showing he was awarded the Army Good Conduct 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; 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.
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.
DISCUSSION AND CONCLUSIONS:
1. The record shows the applicant completed less than 1 year of active military service and as such, he is not entitled to the award of the Army Good Conduct Medal.
2. He did not complete his overseas tour and he was released from active duty prior to the effective date for award of the Overseas Service Ribbon; therefore, he is not authorized the Overseas Service Ribbon.
3. Based on the above, his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __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) AR20140012877
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ABCMR Record of Proceedings (cont) AR20140012877
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