RECORD OF PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            02 MARCH 2004                 
	DOCKET NUMBER:   AR2003092762

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Robert Duecaster		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests award of the Army Good Conduct Medal, the Army Service Ribbon, and the Overseas Service Ribbon. 

2.  The applicant states that he is entitled to those awards.  He was stationed at Camp Page in Korea for over 1 year.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 13 August 1965.  The application submitted in this case is dated 6 June 2003.  
2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the Army on 14 August 1963, completed training, and in January 1964 was assigned as a radio operator with the           1st Missile Battalion, 42nd Artillery in Korea.  He completed his tour of duty in Korea, and in February 1965 was assigned to Fort Hood, Texas.  He was promoted to pay grade E-4 on 17 May 1965.  

4.  The applicant was released from active duty at Fort Hood in pay grade E-4 on 13 August 1965 with an honorable characterization of service.  He had 2 years of service.  His Official Military Personnel File (OMPF) contains no derogatory information.

5.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

6.  The Army Service Ribbon was established on 10 April 1981 and is awarded for successful completion of initial entry training.  It may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an active Army status on or after 1 August 1981. 
7.  The Overseas Service Ribbon was established on 10 April 1981 and may be awarded retroactively to soldiers who were credited with a normal overseas tour completion provided they were on active duty on or after 1 August 1981.
  
DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably and faithfully during his two years of service.  He is entitled to award of the Army Good Conduct Medal.  

2.  There is no evidence, and the applicant has not submitted any, to show that he served in an active status after his release from active duty in 1965.  Consequently, he is not entitled to award of the Army Service Ribbon or the Army Overseas Ribbon.   

BOARD VOTE:

__FNE __  __AAO __  ___RD__  GRANT 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by award of the Army Good Conduct 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 Army Service 
Ribbon and the Army Overseas Ribbon.  

		____Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003092762	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040302	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.