IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150001797
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), for the period 10 August 1962 to show the National Defense Service Medal and the Overseas Service Ribbon.
2. The applicant states he was in the U.S. Army during the Vietnam War and he was overseas in Germany for 1 year, 6 months, and 28 days.
3. The applicant provides:
* DD Form 214 for the period ending on 5 March 1959
* DD Form 214 for the period ending on 10 August 1962
* Internet printouts of the criteria for both awards
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 applicants 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 applicants 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 records show he was inducted into the Army of the United States on 11 March 1957 and he held military occupational specialty 635.10 (Automotive Repairer).
3. Special Orders Number 55, issued by Headquarters, 5th Training Regiment (Infantry), on 1 May 1957, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).
4. He served in Germany from on or about 2 August 1957 to on or about 16 February 1959. He was assigned to the 6th Ordnance Company.
5. He was honorably released from active duty on 5 March 1959 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his remaining service obligations. His DD Form 214 for this period shows:
* he completed 1 year, 6 months and 28 days of foreign service
* he was awarded or authorized the Good Conduct Medal
6. He was ordered to active duty from the USAR on 1 November 1961. He entered active duty and served with an ordnance company at Fort Knox, KY.
7. He was honorably released from active duty on 10 August 1962 and transferred back to the USAR Control Group. His DD Form 214 for this period of service shows he completed 9 months and 10 days of net service. It does not list any awards.
8. Army Regulation 600-8-22 (Military Awards) states:
a. The National Defense Service Medal was established by Executive Order 10448, 22 April 1953, and has been amended by several executive orders. It 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 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. SO awarded the applicant FSM the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). Therefore, his DD Form 214 for the period ending on10 August 1962 should be corrected to show this badge.
2. The applicant served on active duty from 1 November 1961 to 10 August 1962. The National Defense Service Medal was authorized during this period of service (between 1 January 1961 and 14 August 1974). Therefore, he served a qualifying period for award of the National Defense Service Medal and should have his DD Form 214 corrected to show it.
3. The Overseas Service Ribbon was created in 1981 and 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. The applicant did not have an active Army status after August 1981. He does not meet the criteria for 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 to his DD Form 214 for the period ending on 10 August 1962, the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).
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 Overseas Service Ribbon.
___________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) AR20150001797
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ABCMR Record of Proceedings (cont) AR20150001797
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