RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          18 August 2005
      DOCKET NUMBER:  AR20040011340


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Robert Rogers                 |     |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, a non-Regular retirement.  He also
requests award of the basic Parachutist Badge, the Senior Parachutist
Badge, the Expert Infantry Badge, the Army of Occupation Medal with Germany
Clasp, the North Atlantic Treaty Organization (NATO) Medal, two awards of
the National Defense Service Medal (correctly known as the National Defense
Service Medal with one bronze service star), the Combat Medical Badge, the
Armed Forces Expeditionary Medal (AFEM), the Armed Forces Service Medal
(AFSM), and the Navy Expeditionary Medal.

2.  The applicant states, in effect, his records have been tampered with
and he cannot get fair consideration on his claims.  He was told that
because of his Special Forces service and time, events and medals were
"sealed records."  He contends he went to jump school in March 1955, he
attended jump master school in April 1956, and he was pinned with his
senior jump wings.  He states that he was awarded the Expert Infantryman
Badge in August 1957, he was presented the Army of Occupation Medal with
Germany Clasp, the NATO Medal, and the National Defense Service Medal at a
railroad station.  He further contends that he is entitled to the Combat
Medical Badge, the AFEM, AFSM, and the Navy Expeditionary Medal for his
service in Germany.

3.  The applicant provides three Honorable Discharge Certificates, dated
21 March 1960, 21 March 1964, and 19 April 1977; and service personnel
records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
19 April 1977.  The application submitted in this case is dated 7 December
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.  It is presumed that the Navy Expeditionary Medal is a Department of the
Navy award; therefore, this Board does not have authority to award the Navy
Expeditionary Medal and it is not discussed further in these Proceedings.
The applicant may apply to the Board for Correction of Naval Records.
4.  The applicant enlisted in the Regular Army on 23 June 1954 for a period
of 3 years.  He served in Germany (Munich and Bad Tolez) from 28 February
1956 through 20 August 1957 and was released from active duty on 4
September 1957 and transferred to the U.S. Army Reserve.

5.  One page of a service record shows the applicant was assigned to the
77th Special Forces Group Airborne at Fort Bragg, North Carolina; the 11th
Airborne Medical Battalion at Fort Campbell, Kentucky; and the 503rd
Airborne Infantry in Germany.

6.  The applicant's DD Form 214 (Report of Transfer or Discharge) for the
period ending 4 September 1957 shows that he had 2 years, 11 months, and 12
days of creditable active service.

7.  The applicant was honorably discharged from the U.S. Army Reserve on
21 March 1960.  He was recalled to active duty in the U.S. Navy Reserve on
22 March 1960 for a period of 4 years.  He was released from active duty on

15 July 1963 and transferred to the U.S. Naval Reserve.

8.  The applicant's DD Form 214 for the period ending 15 July 1963 shows he
had 9 years and 22 days of creditable service for pay purposes.

9.  The applicant was honorably discharged from the U.S. Naval Reserve on
21 March 1964.  He enlisted in the U.S. Naval Reserve on 17 June 1974 for a
period of 4 years.  He was honorably discharged from the U.S. Naval Reserve
on 18 November 1975.  He enlisted in the U.S. Army Reserve on 19 November
1975 for a period of 1 year.  On 19 April 1977, the applicant was honorably
discharged from the U.S. Army Reserve.

10.  There is no evidence of record which shows the applicant completed 20
years of qualifying service for a non-Regular retirement.

11.  There are no orders for the basic Parachutist Badge or the Senior
Parachutist Badge in the available records.  There is no evidence the
applicant met the qualifications for these badges.

12.  There are no orders for the Expert Infantryman Badge or the Combat
Medical Badge in the available records.

13.  Sections 12731 through 12740 of Title 10, U.S. Code, authorize retired
pay for Reserve component military service.  Under this law, a Reserve
Soldier must complete a minimum of 20 qualifying years of service to be
eligible for retired pay at age 60.
14.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of the basic Parachutist Badge.  Award of the
basic Parachutist Badge requires that an individual must have
satisfactorily completed the prescribed proficiency tests while assigned or
attached to an airborne unit or the Airborne Department of the Infantry
School, or have participated in at least one combat parachute jump.

15.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of the Senior Parachutist Badge.  Award of the Senior Parachutist
Badge requires a rating of excellent in character and efficiency,
completion of 30 jumps (15 with combat equipment, two night jumps with one
as jumpmaster, two mass tactical jumps culminating in an airborne assault
problem), graduation from the Jumpmaster Course, and service on jump status
for at least 24 months.

16.  Army Regulation 600-8-22 prescribes Army policy and procedures for
awards, and Paragraph 8-8 provides for award of the Expert Infantryman
Badge. Award of the Expert Infantryman Badge requires that an individual
must have satisfactorily completed the prescribed proficiency tests while
assigned or attached to an infantry unit of at least battalion size.  To be
eligible for testing and award of the Expert Infantryman Badge, a Soldier
must be in an active Army status and must have an infantry or special
forces specialty.

17.  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.  For award of the Army of Occupation Medal with
Germany Clasp, qualifying service must have occurred between 9 May 1945 and
5 May 1955 and the European-African-Middle Eastern Campaign Medal must have
been awarded prior to 9 May 1945.  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.

18.  The NATO Medal was authorized by the Secretary General of the North
Atlantic Treaty Organization for specific NATO operations.  The Secretary
of Defense may approve acceptance and wear by United States service members
who meet the criteria specified by the Secretary General of NATO.
Acceptance of the NATO Medal has been approved for U.S. military personnel
who serve under NATO command or operational control in direct support of
NATO operations in the former Republic of Yugoslavia from 1 July 1992
through a date to be determined.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.  The regulation provides that
the second award of the National Defense Service Medal is denoted by a
bronze service star affixed to the service ribbon.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Medical Badge is awarded to medical department personnel (colonel and
below) who are assigned or attached to a medical unit of company or smaller
size that is organic to an infantry unit of brigade, regimental or smaller
size which is engaged in active ground combat.  Battle participation credit
is not sufficient; the infantry unit must have been in contact with the
enemy and the Soldier must have been personally present and under fire
during such ground combat.

21.  Army Regulation 600-8-22, provides, in pertinent part, that the Armed
Forces Expeditionary Medal is authorized for participants in military
operations within a specific geographic area during a specified time
period.  An individual, who was not engaged in actual combat or equally
hazardous activity, must have participated in operations or in direct
support of operations for 30 consecutive or 60 nonconsecutive days.  The
designated military operations and dates of eligibility for this award are
specified in Army Regulation 600-8-22.  The governing regulation shows the
Armed Forces Expeditionary Medal was awarded for service in Berlin during
the period 14 August 1961 to 1 June 1963.

22.  Department of Defense 1348.33-M (Manual of Military Decorations &
Awards) provides, in pertinent part, that the Armed Forces Service Medal
may be awarded to members of the Armed Forces of the United States who,
after 1 June 1992, participate, or have participated, as members of United
States military units, in a United States military operation that is deemed
to be a significant activity; and encounter no foreign armed opposition or
imminent threat of hostile actions.  Service members must be members of a
unit participating for 1 or more days in the operation within the
designated area of eligibility, or meet one or more of the following
criteria:  (1) be engaged in direct support for 30 consecutive days in the
area of eligibility (or for the full period when an operation is of less
than 30 days duration) or for 60 nonconsecutive days provided this support
involves entering the area of eligibility; or participate as a regularly
assigned crew member of an aircraft flying into, out of, within, or over
the area of eligibility in support of the operation.



DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he is entitled to retirement,
there is no evidence which shows he completed 20 years of qualifying
service for a non-Regular retirement.  Therefore, there is no basis for
granting this request.

2.  There are no orders for the basic Parachutist Badge, the Senior
Parachutist Badge, or the Expert Infantryman Badge and there is no evidence
which shows the applicant met the qualifications for these badges.  The
portion of the applicant's service records that might have verified his
airborne training is not available.  Therefore, there is insufficient
evidence on which to base award of these badges.

3.  The applicant did not serve in Berlin and he arrived in Germany after
the
5 May 1955 ending period for service elsewhere in Germany; therefore, there
is insufficient evidence on which to base award of the Army of Occupation
Medal with Germany Clasp.

4.  Since the applicant did not have active service in 1992, he is not
eligible for award of the NATO Medal or the AFSM.

5.  During the applicant's active duty service in the Army, he served a
period of qualifying service for one award of the National Defense Service
Medal.  Therefore, his DD Form 214 for the period ending 4 September 1957
should be amended to show one award of the National Defense Service Medal.
Since the applicant was serving on active duty in the Naval Reserve from 22
March 1960 through 15 July 1963, he may apply to the Board for Correction
of Naval Records for a second award of the National Defense Service Medal.

6.  The applicant did not serve a period of qualifying service for award of
the AFEM.

7.  Records show the applicant should have discovered the alleged errors
now under consideration on 19 April 1977; therefore, the time for the
applicant to file a request for correction of any error expired on 18 April
1980.  The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

JV_____  RW_____  RR______  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 amending his DD Form
214 for the period ending
4 September 1957 to show that he was awarded one award of the National
Defense Service Medal.

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
a non-Regular retirement and award of the basic Parachutist Badge, the
Senior Parachutist Badge, the Expert Infantryman Badge, the Army of
Occupation Medal with Germany Clasp, the NATO Medal, a second award of the
National Defense Service Medal, the Combat Medical Badge, the AFEM, and the
AFSM.





            _James Vick___________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011340                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.0000                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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