IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012372 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: 30 August 2016 DOCKET NUMBER: AR20150012372 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 for the period of service 31 January 1966 through 30 January 1969. 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 changing his social security number or awarding him 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. IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012372 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his social security number (SSN) as vice * award of the Army Good Conduct Medal (AGCM) and the Overseas Service Ribbon (OSR) 2. The applicant states, in effect, that his SSN was entered on his DD Form 214 incorrectly due to a clerical error. He also believes he is entitled to award of the AGCM and an OSR. He states he would like to decorate his uniform properly. 3. The applicant provides his Medicare Health Insurance card and 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. On 31 January 1966, the applicant enlisted in the Regular Army. 3. His DA Form 20 (Enlisted Qualification Record) shows his SSN is listed as 488-XX-XXXX, and in: a. Item 31 (Foreign Service) - he was assigned to the U.S. Army Europe (UASREUR) – Germany from 14 August 1966 through 18 April 1968. b. Item 33 (Appointments and Reductions) – he achieved the rank of specialist five (SP5)/E-5 on 16 December 1967. c. Item 38 - he received “excellent" conduct and efficiency ratings during his active duty service. d. Item 41 (Awards and Decorations) he was awarded: * National Defense Service Medal (NDSM) * Expert Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Pistol Bar 4. On 30 January 1969, he was honorably released and transferred to the U.S. Army Reserve. He completed 3 years of active service. His DD Form 214 shows: * item 3 (SSN) – * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – NDSM, Expert Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Pistol Bar 5. There are no documents in the applicant's military service record that show his SSN as . 6. The applicant provided a copy of his Medicare Health Insurance card which shows his SSN as . 7. The applicant's military records contain no documents to show he was ever recommended for or awarded the Army Good Conduct Medal (AGCM) or the OSR by the appropriate award authority. 8. His records are also void of a disqualification from any of his active duty unit commanders that would have precluded him from receiving the AGCM. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the social security number of record. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. The enlisted person must have had all “excellent” conduct and efficiency ratings. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 5-4 provides guidance on the OSR and it states this award became effective 1 August 1981, and that there were no retroactive provisions that allowed this award to members who were not in an active Army status on or after the 1 August 1981 effective date. DISCUSSION: 1. Although the applicant provided a copy of his Medicare Health Insurance card which shows his SSN as , the evidence of record shows the SSN 488-XX-XXXX was used consistently throughout his military service and this SSN was entered on his DD Form 214. 2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his current SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 3. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and to satisfy his desire to have his current SSN documented in his records. 4. The applicant contends he should be awarded the OSR. However, this award became effective on 1 August 1981, and there are no retroactive provisions that allowed award of this ribbon to members who were not in an active status on or after the 1 August 1981, the effective date for the award. 5. The applicant's DA Form 20 confirms he received "excellent" conduct and efficiency ratings in all of his active duty assignments and his records are void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM. In addition, he was timely promoted, achieving the rank of SP5/E-5. The evidence indicates he met the criteria for award of the AGCM during the period 31 January 1966 through 30 January 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012372 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012372 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2