Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003086887C070212
Original file (2003086887C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 31 JULY 2003
         DOCKET NUMBER: AR2003086887


         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
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Ms. Gail J. Wire Chairperson
Ms. Karen A. Heinz Member
Mr. Robert L. Duecaster 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, in effect, that his records be corrected to reflect entitlement to appropriate awards and decorations based on his military service. He notes that his separation document does not reflect entitlement to any awards or decorations. He specifically cites his entitlement to the Armed Forces Expeditionary Medal based on the Berlin Crisis, and states that he was not aware that he was entitled to the decoration until he received the award after it was authorized by officials at the National Personnel Records Center in St. Louis in 2000. In support of his request he submits a copy of a Department of the Army Form 1577 (Authorization for Issuance of Awards).

3. Records available to the Board indicate that the applicant entered active duty on 16 January 1961. He qualified as a marksman with the rifle (M-14) and was awarded the associated badge and component bar. That information, however, was omitted from his separation document.

4. In June 1961 the applicant arrived in Bremerhaven, Germany and was assigned to the 1st Howitzer Battalion of the 22nd Artillery where he was promoted to pay grade E-3 in September 1961. The 22nd Artillery was located in Zirndorf, Germany. Zirndorf is located in southern Germany, southeast of Frankfurt and east of Nuremberg.

5. In February 1962 he was reduced to pay grade E-2 as a result of misconduct. The extent of his misconduct was not in records available to the Board. However, in spite of the single incident of misconduct, the applicant received excellent conduct and efficiency ratings throughout his military service and was promoted to pay grade E-3 again in April 1962, less than 3 months after being reduced.

6. In December 1962 the applicant returned to the United States and on
31 December 1962 he was released from active duty with an honorable characterization of service in pay grade E-3. His separation document does not reflect entitlement to any awards or decorations.

7. Army Regulation 600-8-22 states that the Armed Forces Expeditionary Medal was established in 1961 and is authorized for designated United States military operations, United States operations in direct support of the Untied Nations, and United States operations of assistance for friendly foreign nations. Individuals must be a bona fide member of a unit and engaged in the operation or have served not less than 30 consecutive days in the area of operations. The Armed Forces Expeditionary Medal was authorized for operations in Berlin between
14 August 1961 and 1 June 1963. It is unclear from documents contained in the applicant's file if he served in Berlin, or actively participated in the Berlin Crisis.

8. Army Regulation 600-8-22 also states that the National Defense Service Medal is authorized for honorable active duty service between 1 January 1961 and 14 August 1974.

9. Army Regulation 600-8-22 also provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal. His conduct and efficiency ratings throughout his military service were excellent.

CONCLUSIONS:

1. Although the applicant may have been authorized issuance of the Armed Forces Expeditionary Medal, there is no evidence that he was stationed in, or actively participated in the Berlin Crisis. In the absence of such evidence, the Board cannot confirm entitlement to that decoration. Unfortunately, the fact that the applicant may have been authorized issuance of the award does not serve as a basis to confirm his entitlement to the award.

2. The evidence does, however, confirm that he qualified as a marksman with the rifle (M-14) and was awarded the associated badge and component bar. His records should be corrected accordingly.

3. The Board notes that the applicant is also entitled to the National Defense Service Medal.

4. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 31 December 1962. Although the applicant may have been involved in an incident of misconduct which resulted in his reduction from pay grade E-3 to pay grade E-2, the Board notes that within 3 months he was again promoted to pay grade E-3 and consistently received excellent conduct and efficiency ratings throughout his military service. In view the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 16 January 1961 through
31 December 1962.

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:

a. by showing that he qualified as a marksman with the rifle (M-14) and was awarded the associated badge and component bar;

b. by showing that he is entitled to the National Defense Service Medal; and
c. by awarding him the Army Good Conduct Medal for the period
16 January 1961 through 31 December 1962.

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

BOARD VOTE:

__GJW__ __KAH __ ___RLD _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____ Gail J. Wire_______
                  CHAIRPERSON




INDEX

CASE ID AR2003086887
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030731
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.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003085119C070212

    Original file (2003085119C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The evidence of record shows the applicant served on active duty during the period 15 October 1958 through 7 February 1962, and his expiration of service date was involuntarily extended under Public Law 87-117, on 1 August 1961, for the convenience of the Government, during the Berlin Crisis. The evidence of record further shows that the applicant was stationed at Fort...

  • ARMY | BCMR | CY2007 | 20070002899

    Original file (20070002899.TXT) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 July 2007 DOCKET NUMBER: AR20070002899 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. The applicant also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the weapons qualification badges that he earned. The applicant's military records...

  • ARMY | BCMR | CY2010 | 20100019419

    Original file (20100019419.txt) Auto-classification: Approved

    Unfortunately, there is no evidence of record and he has not provided evidence that shows A Troop, 2nd Recon Squadron, 8th Cavalry, 1st Battle Group, 22nd Infantry was assigned in Berlin for 30 days to be awarded the Army of Occupation Medal with Germany Clasp. Therefore, there is no evidence to show he is eligible for award of the Army of Occupation Medal with Germany Clasp. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2006 | 20060000574C070205

    Original file (20060000574C070205.doc) Auto-classification: Denied

    He was honorably discharged from the USAR on 30 November 1964. While the applicant was mobilized with his unit during the Berlin Crisis, the evidence of record shows that he was never deployed to the area of operation that qualified for award of the AFEM. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.

  • ARMY | BCMR | CY2007 | 20070015901C080407

    Original file (20070015901C080407.doc) Auto-classification: Approved

    Rowland C. Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record confirms the period of the applicant's honorable active duty service entitles him to the NDSM, and that his service in Korea between 1962 and 1963 entitles him to the KDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 26 June 1963 DD Form 214 by...

  • ARMY | BCMR | CY2015 | 20150002079

    Original file (20150002079.txt) Auto-classification: Denied

    The applicant states: * he enlisted in the Regular Army for 3 years in order to receive airborne training * after jump school he was sent to Fort Jackson, SC, to become an instructor on the techniques of the firing range where he did well and received several letters of commendation * in early 1960, he again requested overseas duty and was sent to the 24th Infantry Division in Germany in February 1960 * shortly after his arrival, he was sent on temporary duty to Vietnam to help the South...

  • ARMY | BCMR | CY2013 | 20130008713

    Original file (20130008713.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant states he was called to active duty with the U.S. Army Reserve (USAR) during the Berlin crisis from 1 October 1961 to 11 August 1962. The applicant provides: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * a Certificate of Appreciation from the Secretary of the Army CONSIDERATION OF EVIDENCE: 1.

  • ARMY | BCMR | CY2012 | 20120011658

    Original file (20120011658.txt) Auto-classification: Denied

    It is authorized for 30 consecutive days of service at a normal post of duty service in Berlin between 9 May 1945 and 2 October 1990. _______ _ 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) AR20120011658 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120011658 2 ARMY...

  • AF | BCMR | CY2006 | BC-2006-00552

    Original file (BC-2006-00552.doc) Auto-classification: Denied

    He served 10 months and 20 days of total active duty service during the contested time period. The applicant was in the active Air Force for a period of 1 October 1961 to 20 August 1962, and was assigned to the 138th TFS, with a duty station at Phalsbourg Air Base, France. The applicant’s contentions are duly noted; however, after thoroughly reviewing the applicant’s submission and the evidence of record there is no indication in the applicant’s military personnel record that he is...

  • ARMY | BCMR | CY2002 | 2002071491C070402

    Original file (2002071491C070402.rtf) Auto-classification: Approved

    The applicant requests correction of his records to show the medals and certificates to which he is entitled such as the “Armed Forces Expeditionary Medal, the National Defense Service Medal, the Cold War Certificate, etc.” However, the applicant has presented no evidence that other soldiers in his unit received the Armed Forces Expeditionary Medal and he was denied that service medal. This medal is not shown on the applicant’s DD Form 214; therefore, the applicant is entitled to...