IN THE CASE OF: BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016249 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016249 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 18 May 1971 through 14 February 1973 * adding to his DD Form 214 the Army Good Conduct Medal (1st Award) 2. The Board further determined 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 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. IN THE CASE OF: BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016249 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, in effect, correction of his records to show the Army Service Ribbon, Overseas Service Ribbon, and all Vietnam-Era awards. 2. The applicant states he is a Vietnam Era veteran but he did not serve in Vietnam. He did not receive his Vietnam-Era medals, which include the Army Service Ribbon and Overseas Service Ribbon. 3. The applicant provides no additional 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. The applicant was inducted into the Army of the United States on 18 May 1971. He completed basic combat and advanced individual training (AIT) and he was awarded military occupational specialty 94B (Cook). 3. Special Orders (SO) Number 172, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, in July 1971 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 4. He served in Germany from on or about 18 October 1971 to 7 May 1973. He was assigned to the 2nd Battalion, 14th Artillery. He appears to have been credited with an overseas tour. 5. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 14 February 1973. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 8 months, and 27 days of active service. It also show he was awarded or authorized the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 6. A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service, except for "good" conduct and efficiency ratings during AIT. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Army 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 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. 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 2. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. DISCUSSION: 1. The applicant successfully completed training in 1971, prior to the creation of the Army Service Ribbon. This 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. The applicant did not have an Active Army status on or after 1 August 1981. He does not meet the criteria. 2. The applicant served in Germany from on or about 18 October 1971 to 7 May 1973 and he appears to have been credited with an overseas tour. The Overseas Service Ribbon 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 on or after 1 August 1981. He does not meet the criteria. 3. He meets the criteria for award of the Army Good Conduct Medal (1st Award) in that: * he served honorably from 18 May 1971 to 14 February 1973 * he served in Germany, attained the rank/grade of SP4/E-4, and he received all "excellent" efficiency and conduct ratings throughout his military service (except for good ratings during AIT) * his record contains no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016249 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016249 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2