RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 February 2005
      DOCKET NUMBER:  AR20040000598


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. William D. Powers             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his final DD Form 214, (Report
of Separation from Active Duty) be corrected.

2.  The applicant states that he believes he is entitled to the Good
Conduct Medal (6th Award), the Expert Badge with Rifle Bar, the Armed
Forces Expeditionary Medal for Berlin, the Army Commendation Medal and the
Meritorious Service Medal.

3.  The applicant provides copies of his DD Form 214, orders awarding him
the Good Conduct Medal (6th Award), the Expert Badge with Rifle Bar, the
Army Commendation Medal, the Meritorious Service Medal and a page from his
DA Form 24 (Service Record), Section 9 (Awards) showing "OCC BERLIN" and
"6May56".

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 October 1977.  The application submitted in this case is
dated 8 April 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant, a career noncommissioned officer served in the Regular
Army, and retired, as a sergeant first class, with 20 years and 8 days of
active duty service.

4.  In addition to the DA Form 24 awards entry, Section 4 (Chronological
Record of Military Service) shows the applicant served in Berlin from 7
April 1956 to 18 September 1956.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Armed Forces Expeditionary Medal for qualifying service
after 1 July 1958 in U.S. military operations, U.S. operations in direct
support of the United Nations, and U.S. operations of assistance to
friendly foreign nations.  Qualifications for this award includes the
requirements to be a bona fide member in a unit engaged in the operation or
to serve in the area of operations for 30 days, or to be engaged in direct
support of the operation for 30 consecutive or 60 nonconsecutive days
provided this support involves entering the area of operations.  The
regulation also provides that the Armed Forces Expeditionary Medal may be
awarded if the individual served the full period in cases when the
operation is less than 30 days in duration, if the individual is engaged in
actual combat with armed opposition regardless of the period of service, if
the individual participates as a member of an aircraft flying in support of
the operation, or if the individual is recommended (or attached to a unit
recommended) for award of the medal if the above criteria have not been
met.  The designated military operations and dates include Berlin from 14
August 1961 to 1 June 1963.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, escort, temporary or detached duty are
precluded from eligibility.  The Army of Occupation Medal with Germany
Clasp is for authorized for service in the Army of Occupation of Berlin
between 9 May 1945 and 2 October 1990.  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.

DISCUSSION AND CONCLUSIONS:

1.  The copies of award orders provided by the applicant confirm that he
was awarded the Good Conduct Medal (6th Award), the Expert Badge with Rifle
Bar, the Army Commendation Medal and, the Meritorious Service Medal.

2.  Section 4 and Section 9 of his DA Form 24 confirm that he is entitled
to and was awarded the Army of Occupation Medal with Germany Clasp.

3.  There is no indication in the available records that the applicant
qualified for or was authorized the Armed Forces Expeditionary Medal.

4.  His final DD Form 214 should be corrected to show the above authorized
awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JTM___  __WTM__ __WDP _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing that his
authorized awards include the Good Conduct Medal (6th Award), the Army
Commendation Medal, the Meritorious Service Medal, the Army of Occupation
Medal with Germany Clasp and the Expert Badge with Rifle Bar.

2.  The Board further determined that 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
award of the Armed Forces Expeditionary Medal.




                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050201                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]