RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 October 2004
      DOCKET NUMBER:   AR2004104250


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 all awards and decorations to
which he is entitled be added to his record.

2.  The applicant states, in effect, that his separation document (DD Form
214) does not include awards and decorations to which he is entitled such
as the Army Good Conduct Medal, National Defense Service Medal and Germany
campaign medal.

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 16 March 1962.  The application submitted in this case is
dated 18 February 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’s record shows that he enlisted in the Regular Army and
entered active duty on 6 January 1959.  He was trained in, awarded and
served in military occupational specialty (MOS) 133.10 (Armor Intelligence
Specialist) and the highest rank he attained while serving on active duty
was specialist four (SP4).

4.  The applicant’s Service Record (DA Form 24) shows, in Section 4
(Chronological Record of Military Service) that he received “Excellent”
conduct and efficiency ratings at each of his active duty assignments.
Section 5 (Service Outside the Continental United States) shows he served
in Germany from 16 July 1959 through 22 September 1960.  Section 9 (Medals,
Decorations and Citations) shows that during his active duty tenure, he was
awarded the Sharpshooter Qualification Badge with Pistol Bar and the
Marksman Qualification Badge with Rifle Bar.  No other awards or
decorations are recorded.
5.  On 16 March 1962, the applicant was honorably separated, by reason of
expiration of term of service.  The DD Form 214 he was issued upon his
separation confirms he completed a total of 3 years, 2 months and 11 days
of active military service.  Item 26 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists
the Sharpshooter Qualification Badge with Pistol Bar and the Marksman
Qualification Badge with Rifle Bar as authorized awards earned by the
applicant during his active duty tenure.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-10 contains
guidance on award of the National Defense Service Medal.  It states, in
pertinent part, that this award is authorized for honorable active service
during the period between 1 January 1961 and 14 August 1974.

7.  Chapter 4 of the same regulation prescribes the policy for award of the
AGCM.  It states, in pertinent part, that it is authorized for each 3 years
of qualifying honorable active duty service completed on or after 27 August
1940.  While there is no automatic entitlement to the AGCM,
disqualification must be justified.

8.  Paragraph 5-10 of the awards regulation contains guidance on award of
the Army of Occupation Medal.  It states, in pertinent part, that it was
awarded for service in Germany, other than Berlin, during the period
between 9 May 1945 and 5 May 1955.

9.  Table B-1 of the awards regulation contains a list of authorized Army
campaigns throughout history.  No campaign credit was authorized for
service in Germany during the period of the applicant’s enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record confirms that he received excellent conduct and
efficiency ratings at all of his active duty assignments, and the record is
void of any derogatory information or a specific disqualification by any of
the active duty unit commanders for whom he served.  As a result, it would
be appropriate to award the applicant the AGCM for his three year period of
qualifying honorable active duty service from 6 January 1959 through 5
January 1962.

2.  The evidence of record confirms the applicant served a qualifying
period of active duty service that entitles him to the National Defense
Service Medal.  Therefore, it would be appropriate to add this award to his
record at this time.

3.  The applicant’s claim of entitlement to a campaign or service medal for
service in Germany was also carefully considered.  However, no Army awards
or decorations were authorized solely based on his service in Germany
during the applicant’s tenure of assignment in that overseas country.
Therefore, there is an insufficient evidentiary basis to support granting
this requested relief.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

_JCH ___  _BPI____  __YM ___  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 awarding him the Army
Good Conduct Medal, for his honorable active duty service from 6 January
1959 through 5 January 1962; by showing that based on active duty service
during a qualifying period, he is entitled to the National Defense Service
Medal; and by providing him a corrected separation document that includes
these awards.

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
an award, decoration or campaign ribbon for service in Germany.




            _     JAMES C. HISE___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004104250                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/10/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1962/03/16                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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