RECORD OF PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:           18 November 2003
	DOCKET NUMBER:   AR2003086675

	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	
	Ms. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		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 that his records be corrected to show award of the Overseas Service Ribbon, the Army Service Ribbon, and the National Defense Service Medal.

2.  The applicant states that he was on active duty during the authorized dates of these awards.  He states that he entered the Army on 12 April 1959 and was in Korea from January 1960 until 23 February 1961 or later.  He also states that he was released from the Oakland Army Terminal, California on 11 March 1961 and was transferred to the U.S. Army Reserve on 12 March 1961.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter from the commanding officer of Headquarters, Special Troops Eighth United States Army dated 8 April 1960, and two reassignment orders.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 11 March 1961.  The application submitted in this case is dated 24 March 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 16 April 1959.  He completed basic and advanced individual training and was assigned to Korea on 27 January 1960 as a personnel administrative specialist.  He was promoted to private first class on 20 February 1960 and has no record of any disciplinary actions.  His DA Form 24 (Service Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.  The applicant departed from Korea on 11 February 1961.

4.  The applicant was honorably released from active duty on 11 March 1961 and was transferred to the U.S. Army Reserve to complete his service obligation.  He completed 1 year, 10 months, and 26 days of active military service with no days of lost time.  His DD Form 214 shows the entry "None" in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  

5.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that 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 and the overseas service is not recognized with another U.S. service medal.  

6.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that 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 upon successful completion of initial entry training.  The award 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.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

8.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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.  At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed an overseas tour in Korea from 27 January 1960 to 11 February 1961.  There is no evidence of record which shows the applicant had an Active Army status on or after 1 August 1981.  Therefore, he did not meet the regulatory requirements for award of the Overseas Service Ribbon.

2.  The applicant was inducted into the Army in April 1959 and successfully completed his initial entry training.  However, there is no evidence of record which shows the applicant had an Active Army status on or after 1 August 1981.  Therefore, he did not meet the regulatory requirements for award of the Army Service Ribbon.

3.  The evidence of record shows the applicant completed a period of honorable service from 16 April 1959 through 11 March 1961.  Therefore, he met the eligibility criteria for award of the National Defense Service Medal.

4.  The applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 16 April 1959 through 11 March 1961.  

BOARD VOTE:

JNS____  MDM_____  BJE____  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:

	a.  by awarding him the Army Good Conduct Medal for the period 16 April 1959 through 11 March 1961; and

	b.  by showing he was awarded the National Defense Service Medal and 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 Overseas Service Ribbon and the Army Service Ribbon.  

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR2003086675	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031118	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.