RECORD OF PROCEEDINGS


	IN THE CASE OF:   


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060009663 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Larry C. Bergquist

Member

Ms. LaVerne M. Douglas

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 that his records be corrected to show the National Defense Service Medal, Cold War Victory Medal [correctly known as Cold War Recognition Certificate], Armed Forces Expeditionary Medal, and the Army of Occupation Medal Berlin. 

2.  The applicant states, in effect, that he was part of the Special Forces that performed guard duty in Berlin and guard duty for parades during former President Kennedy's visit to Germany.  He states that his records were never reviewed because he was released early for the convenience of the Army.

3.  The applicant provides a copy of an excerpt of a United States Service Medals listing.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an alleged error which occurred on  
18 January 1964, the date he was released from active duty.  The application submitted in this case is dated 14 June 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 records show that he entered active duty on 21 February 1961.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 710.00 (General Clerk).  He served as a Clerk with the 564th Transportation Detachment (Cargo Helicopter Field Maintenance) which later converted to the 661st Transportation Company in Oberschleissheim, Germany during the period 18 October 1961 to  
4 September 1962.

4.  He also served as a light vehicle driver with Headquarters Company,  
10th Special Forces Group (Airborne) 1st Special Forces during the period  
5 September 1962 to 6 January 1964.  On 18 January 1964, he was honorably released from active duty after serving a total of 2 years, 10 month, and 28 days of active service.
5.  Item 26 (Decorations Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD  
Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the award of the Parachutist Badge and the Sharpshooter Marksmanship Qualification Badge (Rifle M-14).  However, it does not show any additional awards.

6.  A review of the applicant's records show entitlement to additional awards.

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.  Award of the Army of Occupation Medal with Berlin Airlift Device is based on service which must have occurred entirely within the period 26 June 1948 to 30 September 1949.  Award of the Berlin Airlift Device is announced in orders and requires 92 consecutive days with a unit credited with participation in the Berlin airlift.  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.

9.  Army Regulation 600-8-22 Military Awards, 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 such as Berlin during the period 14 August 1961 to 1 June 1963.  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.

10.  The applicant has requested the Cold War Victory Medal [correctly known as Cold War Recognition Certificate].  The award is not governed by the provisions of the Army Regulation 600-8-22 and, as a result, is not shown on a discharge document.  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 applicant may submit a request in writing to Commander, Army Human Resources Command, Cold War Recognition, Hoffman II, Attn:  AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the award of the National Defense Service Medal, Cold War Victory Medal [correctly known as Cold War Recognition Certificate], Armed Forces Expeditionary Medal, and the Army of Occupation Medal Berlin.

2.  Evidence of records show that the applicant is entitled to the award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

3.  Evidence of records show that the applicant is not entitled to the award of the Army of Occupation Medal Berlin or Army of Occupation Medal with Germany Clasp for service between 9 May 1945 and 2 October 1990 because there is insufficient evidence to show that the applicant actually served in Berlin.  Therefore, he is not entitled to correction of his records to show this award or the award of the Armed Forces Expeditionary Medal.

4.  The applicant has been provided instructions on how to administratively submit a request for the Cold War Victory Medal [correctly known as Cold War Recognition Certificate] which is not authorized for entry on his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 January 1964; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
17 January 1967.  The applicant did not file within the 3-year statute of limitations; however, based on the available (evidence or argument), it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____lmd__  ___lcb__  ___tsk___  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 the 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 award of the Armed Forces Expeditionary Medal, Army of Occupation Medal Berlin, and the Cold War Recognition Certificate.




__________Ted S. Kanamine_____
          CHAIRPERSON




INDEX

CASE ID
AR20060009663
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.