RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
		 

	BOARD DATE:	  9 August 2005
	DOCKET NUMBER:  AR20050001467 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Mr. Kenneth L. Wright 

Member

Mr. Patrick H. Mcgann Jr. 

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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Army Overseas Service Ribbon, the Army of Occupation Medal (Germany), the Expert Marksmanship Qualification Badge (Carbine) and the Cold War Recognition Certificate.

2.  The applicant states, in effect, that he has been trying to correct his records for a long time through different channels.

3.  The applicant provides a DD Form 214 with an ending period of 28 January 1965; a 126th Transportation Company Letter of Appreciation, dated 13 January 1965; and letter orders from the Office of the Adjutant General, U.S. Army Administration Center, discharging him from the U.S. Army Reserve, dated        28 January 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 January 1965.  The application submitted in this case is dated 19 January 2005.

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 limitations 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 enlisted in the Regular Army on 2 February 1962 and successfully completed basic training and advanced individual training.  He was awarded the military occupational specialty 642.10 (Heavy Truck Driver).

4.  The applicant arrived in Germany and was assigned to the 126th Transportation Company on or about 21 August 1963 through on or about 11 January 1965.  His records show that he spent his entire period overseas at Karlsruhe, Germany.  He was honorably separated on 28 January 1965 and transferred to the U.S. Army Reserve. 

5.  The applicant's DA Form 24 (Service Record), Section 9 (Medals, Decorations, and Citations) shows he was awarded the Expert Marksmanship Qualification Badge (Carbine).

6.  The applicant's DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge (M-14) and the 2nd Class Gunner (Light Machine Gun).

7.  A DD Form 215 (Correction to DD Form 214, Report of Separation from Active Duty), dated 4 March 2004, was issued to the applicant which amended item 26 of his DD Form 214 by adding the Army Good Conduct Medal (1st Award).

8.  Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

9.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

10.  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, and escort on 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.  This award is also authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

11.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states 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.

13.  Army Regulation 635-5 (Separation Documents) provides that item 26 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents (which would include the Cold War Recognition Certificate) are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was honorably separated on 28 January 1965 after serving 1 year, 5 months, and 8 days overseas.  Army Regulation 600-8-22 specifically states that the Overseas Service Ribbon and the Army Service Ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion and successful completion of initial entry training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Unfortunately, the applicant was not on active duty during the effective date of the above regulation which makes him ineligible for award of the Overseas Service Ribbon and the Army Service Ribbon.

2.  Evidence of record shows that the applicant did not serve a period of qualifying service in Germany or Berlin for award of the Army of Occupation Medal.  

3.  Records show the applicant was issued a DD Form 215 awarding him the Army Good Conduct Medal (1st Award).

4.  The applicant met the eligibility criteria for award of the National Defense Service Medal and was awarded the Expert Marksmanship Qualification Badge (Carbine).  These awards should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ BJE __  __ KLW _  __ PHM _  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 to show award of the National Defense Service Medal and the Expert Marksmanship Qualification Badge (Carbine).

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 Overseas Service Ribbon, the Army Service Ribbon, and the Army of Occupation Medal (Germany) or adding the Cold War Recognition Certificate to his DD Form 214.




___    Barbara J. Ellis ___
                  CHAIRPERSON




INDEX

CASE ID
AR20050001467
SUFFIX

RECON

DATE BOARDED
9 August 2005
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
Mr. Schneider
ISSUES         1.

2.

3.

4.

5.

6.