ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  12 February 2019

	DOCKET NUMBER:  AR20160012074


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show:

*	Army Good Conduct Medal
*	Overseas Service Ribbon
*	Army of Occupation Medal (Germany)
*	New York Army National Guard Achievement Ribbon

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he neither received the requested awards, nor were they listed 
on his DD Form 214.  

3.  Review of the applicant’s service record shows: 

	a.  He enlisted in the Regular Army on 19 October 1970.  He served in Germany for 
2 years and 15 days, assigned to Headquarters and Headquarters Company, 3rd 
Battalion, 36th Infantry. 

	b.  He was honorably released from active duty on 10 October 1973.  His DD Form 
214 shows: 

*	he completed 2 years, 11 months and 22 days of active service, and he had 
no lost time
*	he was awarded or authorized the National Defense Service Medal, 
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and 
Expert Marksmanship Qualification Badge with Grenade Bar

4.  There is no evidence he received the first award of the Army Good Conduct Medal.  
There also is no evidence he was disqualified by his commander from receiving this 
award.  There is no indication of his conduct and efficiency ratings at the time but the 
record is also void of indiscipline or lost time.   An “excellent” conduct and efficiency 
ratings coupled with no court-martial convictions would have made him eligible for 
award of the Army Good Conduct Medal (1st Award) based on completion of qualifying 
service from 19 October 1970 through 10 October 1973.

5.  By regulation, the Overseas Service Ribbon is awarded for successful completion of 
an overseas tour after 1 August 1981.  It may 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.  

6.  By regulation, the Army of Occupation Medal is awarded for service of 30 
consecutive days at a normal post of duty in a qualifying location.  For Germany, 
qualifying service must have occurred between 9 May 1945 and 5 May 1955 or for 
service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

7.  By regulation, state awards are not entered on the DD Form 214.  State awards and 
decorations will be entered on NGB Form 22 (National Guard Report of Separation and 
Record of Service) upon separation from the Army National Guard.

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board determined that 
partial relief was warranted.  The Board found that the applicant qualified and should be 
awarded the Army Good Conduct Medal based upon the efficiency ratings found within 
the military record.

However, the Board also found that all other awards requested by the applicant did not 
warrant being placed on his DD214.  First, although the applicant did serve overseas, 
the Overseas Ribbon wasn’t eligible to be awarded during his time of service.  Second, 
state awards are not entered on DD214s; therefore, the NY Army National Guard 
Achievement Ribbon does warrant being placed on his DD214.  Finally, military records 
of the applicant show he did not serve in Berlin Germany during the qualifying periods of 
service; therefore, that award does not warrant being placed on his DD214. 



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 service during the 
period 19 October 1970 through 10 October 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 adding to his DD Form 214:
*	Overseas Service Ribbon
*	Army of Occupation Medal (Germany)
*	New York Army National Guard Achievement Ribbon


	  
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.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  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 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.  Ratings of “Unknown” for portions of the period under consideration 
were not disqualifying.  Service school efficiency ratings based upon academic 
proficiency of at least “Good” rendered subsequent to 22 November 1955 were not 
disqualifying.  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) 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.  Numerals are used to denote the second 
and subsequent awards of the Overseas Service Ribbon.

4.  Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is 
awarded for service of 30 consecutive days at a normal post of duty in a qualifying 
location.  Personnel at a qualifying location as an inspector, courier, and escort on 
temporary or detached duty are precluded from eligibility.  For award of the Army of 
Occupation Medal with Germany Clasp qualifying service must have occurred between 
9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will 
be counted only if the European-African-Middle Eastern Campaign Medal was awarded 
for service before 9 May 1945.  The Army of Occupation Medal with Germany Clasp is 
also authorized for service in the Army of Occupation of Berlin between 9 May 1945 
and 2 October 1990.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, and Army 
Regulation 635-8 (Separation Processing and Documents), currently in effect, provide 
for the issuance and distribution of the DD Form 214.  Item Chapter 5 governs the 
preparation of the DD Form 214.  In the awards bock, list federally recognized awards 
and decorations for all periods of service.  Do not use abbreviations.  Do not enter 
foreign or State level awards on DD Form 214.  State awards and decorations will be 
entered on NGB Form 22 (National Guard Report of Separation and Record of Service) 
upon separation from the Army National Guard.


ABCMR Record of Proceedings (cont)	 AR20160012074

2

1