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ARMY | BCMR | CY2001 | 2001063455C070421
Original file (2001063455C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 05 FEBRUARY 2002
         DOCKET NUMBER: AR2001063455


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Ms. June Hajjar Chairperson
Ms. Karol A. Kennedy Member
Mr. Roger W. Able Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests award of the Army Good Conduct Medal, and any overseas or occupation medals to which he is entitled.

3. The applicant states that his DD Form 214 does not list any medals. He is not able to join the Veterans of Foreign Wars as no occupation medal is listed.

4. The applicant’s military records show that he enlisted in the Army for three years on 5 October 1959, completed training, and in September 1960 was assigned to Headquarters, Seventh Army, in Vaihingen, Germany. He was promoted to pay grade E-5 on 2 January 1962. The applicant returned to the United States and was released from active duty with an honorable characterization of service on 21 September 1962. He had 2 years, 11 months, and 17 days of service. The applicant’s service record shows that he qualified as a marksman with both the rifle and the carbine.

5. Chapter 4 of Army Regulation 600-8-22 prescribes the eligibility criteria for award of the Army Good Conduct Medal, and states in pertinent part, that the medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. One of the qualifying periods of service for the award is upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year (for first award only).

6. The above regulation also states that the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

7. Army Regulation 672-5-1, then in effect, prescribes for marksmanship badges for qualification with the rifle and the carbine. Basic qualification badges are of three classes – expert, sharpshooter, and marksman.

8. The Army of Occupation Medal was established in 1946 and is awarded for service in Germany between 9 May 1945 and 5 May 1955, for service in Austria between 9 May 1945 and 27 July 1955, and for service in Berlin between 9 May 1945 and 2 October 1990.

9. The Overseas Service Ribbon was established on 10 April 1981 and may be awarded retroactively to those personnel who were credited with a normal overseas tour provided they had an active Army status on or after 1 August 1981.

CONCLUSIONS
:

1. The applicant served his country faithfully and honorably. He is entitled to award of the Army Good Conduct Medal. He is also entitled to award of the National Defense Service Medal. Those awards should be reflected on his DD Form 214.
2. The applicant qualified as a marksman with both the rifle and the carbine. Those badges should be reflected on his DD Form 214.

3. The applicant obviously did not serve in Germany or Austria during the period for which the Army of Occupation Medal for service in those countries was authorized. Furthermore, there is no evidence, nor has the applicant submitted any, to show service in Berlin. He is not entitled to an occupation medal.

4. The applicant was released from active duty in 1962. He is not entitled to an Overseas Service Ribbon.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Army Good Conduct Medal, the National Defense Service Medal, and the Marksman Qualification Badge with rifle and carbine bars.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___JH___ __KAK__ __RWA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____ June Hajjar______
                  CHAIRPERSON




INDEX

CASE ID AR2001063455
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020205
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2. 46
3.
4.
5.
6.


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