IN THE CASE OF: BOARD DATE: 18 August 2011 DOCKET NUMBER: AR20110001780 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 award of the Good Conduct Medal and Overseas Service Medal (correctly known as the Overseas Service Ribbon). 2. The applicant states: * He should have been awarded these medals * These medals were never issued or given to him upon his discharge 3. The applicant provides no documentary evidence. 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. He was inducted into the Army of the United States on 2 April 1969. He served as a personnel specialist in Vietnam from 18 April 1970 to 28 February 1971. He was released from active duty on 1 March 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the: * NDSM [National Defense Service Medal] * VSM [Vietnam Service Medal] * GCMDL [Good Conduct Medal] * RVNCM [Republic of Vietnam Campaign Medal with Device (1960)] * 1 O/S BAR [one award of the Overseas Service Bar] * SPS M-16 [Sharpshooter Marksmanship Qualification Badge with Rifle M-16 Bar] 4. Since the Good Conduct Medal is shown on his DD Form 214, this portion of his request will not be discussed further in these proceedings. 5. Army Regulation 600-8-22 (Military Awards) states 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. He contends he should have been awarded the Overseas Service Ribbon. However, since he did not have an Active Army status on or after 1 August 1981, there is no basis for granting his request for the Overseas Service Ribbon. 2. The ABCMR does not issue medals. The applicant may receive the awards (such as the Good Conduct Medal) shown on his DD Form 214 by submitting a request via a letter or the Standard Form (SF) 180 (Request Pertaining to Military Records) to the following address: National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100. Requests must include a copy of the DD Form 214 and any other supporting documentation to substantiate the request. The SF 180 can be found at http://www.archives.gov. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X_____ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _________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) AR20110001780 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110001780 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1