IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150005826 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 National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon. 2. The applicant states he served from 6 February 1962 through 28 June 1965. 3. The applicant provides a copies of his DD Form 214 (Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214). 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. The applicant served on active duty from 6 February 1962 through 28 January 1965 with service in Germany from 6 July 1962 through 19 January 1965. 3. He was released from active duty on 28 January 1965, in the rank of private first class. His DD Form 214 lists the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) as his only award. 4. The applicant’s available records contain no orders for any of the requested awards or decorations. 5. The applicant's DA Form 24 (Service Record) shows his conduct and efficiency ratings were all "excellent." 6. The applicant's record contains no derogatory entries, disciplinary action, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Army Good Conduct Medal. 7. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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, 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 8. Army Regulation 600-8-22 (Military Awards) provides that: a. 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. b. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. This 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. c. 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. DISCUSSION AND CONCLUSIONS: 1. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings. The record contains no indication of any disqualifying evidence or recommendation for the Army Good Conduct Medal and the applicant meets the criteria for the award based on his period of service from 6 February 1962 through 28 January 1965. 2. The applicant served during a period for which the National Defense Service Medal was authorized. 3. The Army Service Ribbon and the Overseas Service Ribbon were created in 1981 and was made retroactive only for personnel who were on active duty as of 1 August 1981. The applicant's period of service predates the eligibility period; therefore, he is not eligible for these awards. 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: a. awarding the applicant the Good Conduct Medal and the National Defense Service Medal for his period of service from 6 February 1962 through 28 January 1965; b. showing on the applicant's DD Form 214 his authorized awards also include the Army Good Conduct Medal and National Defense Service 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 the Army Service Ribbon and 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) AR20150005826 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005826 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1