RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060001289


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, correction of his discharge document
to show award of the Army of Occupation Medal with Germany clasp and Armed
Forces Expeditionary Medal.

2.  The applicant states, in effect, that his military service records show
that he satisfied the criteria for these two awards; however, he believes
that due to an administrative oversight they were omitted from his
discharge document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
21 September 1962; Veterans Administration (VA) Form 21-4138 (Statement in
Support of Claim), dated 20 January 2006; page 2 of his DA Form 24 (Service
Record); Standard Form (SF) 519 (Clinical Record), dated 12 July 1962; and
3 pages of information from The Institute of Heraldry website on the Armed
Forces Expeditionary Medal, and Army of Occupation World War II and Navy
Occupation Service Medal World War II, dated 18 January 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 September 1962, the date of his release from active duty.
The application submitted in this case is dated 20 January 2006.

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's military service records show that he enlisted in the
U.S. Army on 8 October 1959.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 111.00 (Light Weapons Infantryman).  The
applicant's military service records also show that he was honorably
released from the Regular Army on
21 September 1962 after serving on active duty for a total of 2 years, 11
months, and 14 days.

4.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the Good
Conduct Medal.

5.  The applicant's DA Form 24 (Service Record), covering the period 8
October 1959 to 21 September 1962, shows in Section 4 (Chronological Record
of Military Service) that he served in duty MOS 111.00 (Rifleman) while
assigned to Company B, 3rd Battle Group, 6th Infantry Regiment, in Berlin,
Germany from
18 January 1961 through 10 September 1962.

6.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards), as amended, provides 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.

8.  The applicant's DA Form 24 (Service Record), Section 9 (Medals,
Decorations, and Citations) shows, in pertinent part, that Headquarters,
3rd Battle Group, 6th Infantry, Berlin, Germany, Special Orders Number 136,
dated 10 July 1961, awarded the applicant the Sharpshooter Marksmanship
Qualification Badge with (M-1) Rifle Bar.

9.  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.   This Army regulation shows that the Army
of Occupation Medal with Germany clasp is authorized for service in the
Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

10.  Army Regulation 600-8-22 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.  Qualification for this award includes the requirement 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 of eligibility for this award are specified
in the Army regulation, which shows, in pertinent part, this service medal
is authorized for service in Berlin (Germany) between
14 August 1961 and 1 June 1963, both dates inclusive.

11.  As a matter of information for the applicant, in accordance with
section 1084 of the Fiscal Year 1998 National Defense Authorization Act,
the Secretary of Defense approved awarding the Cold War Recognition
Certificate to all members of the armed forces and qualified federal
government civilian personnel who faithfully and honorably served the
United States anytime during the Cold War era, which is defined as 2
September 1945 to 26 December 1991.  The award of the Cold War Recognition
Certificate is not governed by the provisions of Army Regulation 600-8-22
and, as a result, is not shown on a discharge document.  However, the
applicant may submit an application for the certificate to the Commander,
U.S. Army Human Resources Command, Cold War Recognition, Hoffman II,
Attention: AHRC-CWRS, Suite 3N45, 200 Stovall Street, Alexandria, VA 22332-
0473.  Additional information is available on the Internet at:
https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.

DISCUSSION AND CONCLUSIONS:

1.   The applicant contends, in effect, that he is entitled to award of the
Army of Occupation Medal with Germany clasp and Armed Forces Expeditionary
Medal because he met the criteria for these awards during his service in
the Army while assigned to the 3rd Battle Group, 6th Infantry Regiment, in
Berlin, Germany from 18 January 1961 through 10 September 1962.

2.  The evidence of records shows that the applicant met the qualifying
criteria for award of the Army of Occupation Medal with Germany clasp.
Therefore, the applicant is entitled to correction of his records to show
this service medal.

3.  The evidence of records shows that the applicant met the qualifying
criteria for award of the Armed Forces Expeditionary Medal.  Therefore, the
applicant is entitled to correction of his records to show this service
medal.

4.  The evidence of records shows that the applicant served honorably in
active service during a qualifying period for award of the National Defense
Service Medal.  Therefore, he is entitled to have his records corrected to
show this service medal.

5.  Special orders awarded the applicant the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to
correct his records to show this badge with the component bar.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 September 1962; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 September 1965.  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:

__ALR___  __LMB__  __QAS__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 award of the Army of
Occupation Medal with Germany clasp, National Defense Service Medal, Armed
Forces Expeditionary Medal, and the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar.




                                        Allen L. Raub____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001289                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19620921                                |
|DISCHARGE AUTHORITY     |AR 635-205, Paragraph 7                 |
|DISCHARGE REASON        |Early Release of Overseas Returnee      |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0060.0000                           |
|2.                      |107.0069.0000                           |
|3.                      |107.0072.0000                           |
|4.                      |107.0109.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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