IN THE CASE OF:	  

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20140021062 


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 the DD Form 214 (Certificate of Release or Discharge from the Active Duty) of her late son, a former service member (FSM), to show award of the:

* National Defense Service Medal
* Army Service Ribbon
* Army Good Conduct Medal
* Overseas Service Ribbon

2.  The applicant states the FSM's DD Form 214 should reflect these awards.

3.  The applicant provides:

* FSM's DD Form 214 (2 copies) and death certificate
* her birth, marriage, and divorce certificates

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 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 insufficient bases to waive the statute of limitations.

2.  The FSM's military records shows he enlisted in the Regular Army in pay grade E-2 on 22 June 1978 for a period of 3 years.  He completed his training and he was awarded military occupational specialty 19D (cavalry scout).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) lists in:

* item 5 (Overseas Service) – he served in Germany from 9 November 1978 through 31 May 1981 ( a period of 2 years, 6 months, and 22 days) and he was credited with an overseas tour
* item 9 (Awards, Decorations, and Campaigns) – 

* Marksman Marksmanship Qualification Badge with Rifle (M-16), Grenade, and Machine Gun (M-60) Bars
* Army Service Ribbon
* Overseas Service Ribbon

* item 27 (Remarks) –

* RE-1 – eligible for reenlistment
* character of service – honorable

4.  He was honorably released from active duty in pay grade E-4 on 21 June 1981 and he was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 3 years of net active service during this period with 2 years, 6 months, and 22 days of foreign service.  His DD Form 214 lists award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

6.  He died on 12 June 2014.

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

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

	b.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981 and is awarded to service members of the U.S. Army for successful completion of initial entry training.

	c.  The Army Good Conduct Medal is 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 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.  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.

	d.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981 and is awarded to service members of the U.S. Army for successful completion of overseas tours.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the FSM was awarded the Army Service Ribbon, Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge with Hand Grenade and Machine Gun (M-60) Bars during his period of service.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The FSM enlisted for and completed 3 years of honorable service.  He attained pay grade E-4, completed an overseas tour, and was fully eligible for reenlistment.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service.  Therefore, it appears he is eligible for award of the Army Good Conduct Medal (1st Award) for his period of service from 22 June 1978 through 21 June 1981 and its addition to his DD Form 214.

3.  With regard to the National Defense Service Medal, the FSM served on active duty between June 1978 and June 1981.  His period of service is not listed in the governing regulation as qualifying service for award of the National Defense Service Medal.  Regrettably, he is not authorized this award or 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 the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the FSM concerned be corrected by:

* awarding the FSM the Army Good Conduct Medal (1st Award) for his period of service from 22 June 1978 through 21 June 1981
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Grenade and Machine Gun (M-60) Bars

2.  The Board further determined 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 National Defense Service Medal and its addition to the FSM's 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)                                         AR20140021062





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021062



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1