RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20070000638 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Margaret Patterson

Chairperson

Mr. Ronald Gant

Member

Mr. Rowland Heflin

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 award of the Good Conduct Medal.  He also requests, in effect, award of the Army of Occupation Medal with Germany Clasp or the Overseas Service Ribbon for his service in Berlin, Germany. 

2.  The applicant states that he should have been awarded the Good Conduct Medal and an overseas medal for his service in Germany.  He contends, in effect, that he was on temporary duty to Berlin.  

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge).
 
CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
26 June 1964.  The application submitted in this case is dated 28 December 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 enlisted on 27 June 1961 for a period of 3 years.  He successfully completed basic combat training and advanced individual training in military occupational specialty 131.00 (tank loader).  On 26 June 1964, the applicant was released from active duty in the temporary rank of specialist five after completing 3 years of creditable service with no time lost.   

4.  The applicant’s DD Form 214 shows the Expert Marksmanship Qualification Badge with Tank Gun Bar, the Expert Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

5.  Section 4 of the applicant’s DA Form 24 (Service Record) shows that he received excellent conduct and efficiency ratings throughout his enlistment.  Section 5 (Service Outside Continental United States) of his DA Form 24 shows he served in Frankfurt, Germany from 7 April 1962 through 22 September 1962 and served in Frankfurt, Germany from 24 October 1963 through 18 November 1963.    

6.  There are no orders for the Good Conduct Medal in the available records.

7.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

8.  Army Regulation 600-8-22 (Military Awards) 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, escort, 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.  The Army of Occupation Medal with Germany Clasp is also authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  

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.  

10.  Army Regulation 600-8-22 provides, in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty in the temporary rank of specialist five after completing 3 years of honorable active service with no time lost and no record of any disciplinary actions taken against him.  Therefore, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 27 June 1961 through 26 June 1964.  

2.  There is no evidence of record which shows the applicant served a period of qualifying service at a normal post of duty in Germany (9 May 1945 and 5 May 1955) or Berlin (9 May 1945 and 2 October 1990).  Therefore, there is insufficient evidence on which to base award of the Army of Occupation Medal with Germany Clasp in this case.

3.  Since the applicant did not have an Active Army status on or after 1 August 1981, there is no basis for granting his request for the Overseas Service Ribbon.

4.  The applicant served a period of qualifying service for award of the National Defense Service Medal.

5.  Records show the applicant should have discovered the alleged errors now under consideration on 26 June 1964; therefore, the time for the applicant to file a request for correction of any error expired on 25 June 1967.  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:

________  ________  ________  GRANT FULL RELIEF 

MP_____  __RG____  _RH____  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:

a.  awarding him the first award of the Good Conduct Medal for the period 27 June 1961 through 26 June 1964; and

	b.  amending his DD Form 214 to add the Good Conduct Medal and 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 Army of Occupation Medal with Germany Clasp or the Overseas Service Ribbon.  




___Margaret Patterson_
          CHAIRPERSON




INDEX

CASE ID
AR20070000638
SUFFIX

RECON

DATE BOARDED
20070614
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.