IN THE CASE OF:	  

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140014310 


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 (AGCM), National Defense Service Medal (NDSM), and Army Overseas Service Ribbon (OSR).

2.  He states he should have received the AGCM, NDSM and OSR, but they were never put in his DD Form 214.  

3.  He provides his DD Forms 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.  On 30 September 1958, the applicant enlisted in the Regular Army (RA).  He completed initial entry training and he was awarded military occupational specialty (MOS) 950 (Military Policeman).  He was later awarded MOS 550 (Supply Handler).  He was honorably discharged on 30 January 1961 after completing 2 years, 4 months, and 1 day of active duty service.

3.  On 31 January 1961, the applicant reenlisted in the RA.    

4.  On 1 May 1964, he was discharged with a general discharge for unsuitability.  He completed 3 years and 3 months of active duty service this period.  His DD Form 214 shows he received the following awards:

* Expert Marksmanship Qualification Badge (Rifle)
* Expert Marksmanship Qualification Badge (Carbine)

5.  His DA Form 24 (Service Record) for the period of 30 September 1958 to 
1 May 1964 shows:

a.  Section 4 (Chronological Record of Military Service):

* Conduct and Efficiency ratings of "Excellent" from 17 February 1959 to 
30 November 1960
* Conduct ratings of "Excellent" and an "Efficiency" rating of "Good" from 1 December 1960 to 30 January 1961
* Conduct ratings of "Excellent" and no "Efficiency" rating from 31 January 1961 to 16 October 1961
* Conduct and Efficiency ratings of "Good" from 17 October 1961 to 27 November 1962
* Conduct and Efficiency ratings of "Excellent" from 28 November 1962 to 2 October 1963
* Conduct and Efficiency ratings of "Fair" from 3 October 1963 to 1 May 1964

   b.  Section 9 (Medals, Decorations, and Citations):
   
* Sharpshooter Marksmanship Qualification Badge (Carbine)
* Expert Marksmanship Qualification Badge Rifle M-14

6.  His DA Form 20 (Enlisted Qualification Record), item 29 (Foreign Service), shows he served in Germany from 30 September 1959 to 22 August 1962.

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

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the 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.  

9.  Army Regulation 600-8-22 (Military Awards) states 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 evidence of record confirms the applicant served honorably during the period 30 September 1958 through 30 January 1961.  However, he received conduct and efficiency marks less than "excellent".   Therefore, he is disqualified from receiving the AGCM (1st Award) for his first term of service.  

2.  He did not complete a qualifying period of service for award of the AGCM during which he received all "excellent" conduct and efficiency ratings.  During his second enlistment period he received "fair" conduct and efficiency ratings and was discharged for unsuitability.  Therefore, he was not eligible to receive the AGCM for his second enlistment period.  

3.  The OSR became effective on 1 August 1981.  The award could be awarded retroactively but only to those personnel on active duty 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, which the applicant did not have.  

4.  The applicant served honorably on active duty during a period of eligibility for the NDSM.  Therefore, he is entitled to correction of his final DD Form 214 to show this award.



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 the NDSM to his DD Form 214 ending on 1 May 1964.

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)                                         AR20130004293



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ABCMR Record of Proceedings (cont)                                         AR20140014310



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