RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 March 2007
      DOCKET NUMBER:  AR20060011430


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas M. Ray                 |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. James R. Hastie               |     |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 his record be corrected to show
his entitlement to the Army of Occupation Medal (AOM) with Germany Clasp
and the Marksman Marksmanship Qualification Record with Rifle Bar.

2.  The applicant states, in effect, that he wants his personnel record
corrected so that he can receive the AOM with Germany Clasp and the
Marksman Marksmanship Qualification Record with Rifle Bar.  He states that
he arrived in Germany on 19 July 1952, and served there until being
transferred to Orleans, France on 26 October 1953.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Letter; Assignment Orders to Kaiserslautern,
Germany; Transfer Orders to Orleans, France; and National Personnel Records
Center Letter, dated 7 August 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 22 December 1953, the date of his release from active
duty.  The application submitted in this case is dated 8 August 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 records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.  This case is being
considered using reconstructed records, which primarily consist of the
applicant's separation document (DD Form 214) and the orders he provided.

4.  The applicant's separation document shows he was inducted into the Army
and entered active duty on 18 January 1952, and that he served on active
duty for 1 year, 11 months, and 5 days until being honorably released from
active duty on 22 December 1953.  Item 27 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
that he earned the National Defense Service Medal during his active duty
tenure.  The applicant authenticated the separation document with his
signature in Item 48 (Signature of Person Being Separated) on the date of
his release from active duty.

5.  The applicant's National Personnel Records Center (NPRC) file contains
Headquarters, 307th Replacement Depot Special Orders Number 181, dated
23 July 1952, which assigned him to the 7779th Medical Detachment,
Kaiserslautern, Germany, effective 6 August 1952.  It also contains Rhine
Medical Depot Special Orders Number 153, dated 20 October 1953, which
transferred the applicant from the Rhine Medical Depot, Eisiedlerhof,
Germany, to the 7779th Medical Detachment, Central Medical Materiel Agency,
Orleans, France, effective 27 October 1953.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 5-11 contains guidance on the AOM.  It states, in
pertinent part, that the AOM was established by War Department General
Orders 32, 1946, and is awarded for service for 30 consecutive days at a
normal post of duty (as contrasted to inspector, visitor, courier, escort,
passenger, temporary duty, or detached service) while assigned to Germany
between 9 May 1945 and 5 May 1955.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant served in Germany from July 1952
through his reassignment to France on 27 October 1953.  He completed 30
consecutive days of service in Germany during the qualifying period between
9 May 1945 and 5 May 1955.  Therefore, it would be appropriate to add the
AOM with Germany Clasp to the applicant's record.

2.  There are no records or orders to confirm the applicant's entitlement
to the Marksman Marksmanship Qualification Badge with Rifle Bar.  However,
since qualification with a rifle is a basic requirement to complete basic
combat training in the Army, given the applicant's honorable active duty
service, it is reasonable to conclude he met the basic weapons
qualification requirement.  Therefore, it would be appropriate and serve
the interest of justice to add this badge to his separation document at
this time.

BOARD VOTE:

___TMR _  __JCR__  __JRH __  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 his entitlement to the Army of
Occupation Medal with Germany Clasp and the Marksman Marksmanship
Qualification Badge with Rifle Bar; and by providing him a correction to
his separation document that includes these awards.




                                  _____Thomas M. Ray_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011430                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1953/12/22                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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