IN THE CASE OF:	  

	BOARD DATE:	  08 July 2008

	DOCKET NUMBER:  AR20080002252 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his separation document (DD Form  
214) be amended to show the awards of the National Defense Service Medal, Armed Forces Expeditionary Medal, and the Army Good Conduct Medal.

2.  The applicant states that he is authorized these awards because of the dates of service in the areas that he served.  The awards were never entered on his DD Form 214 when he was discharged from the service.  He realizes it has been a long time, but his grandchildren are asking about it, so he would like to have his DD Form 214 corrected and the medals issued to him.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant’s military personnel record shows he enlisted in the Regular Army on 28 November 1958.  He completed the necessary training and was awarded the military occupational specialty (MOS) 142.60 (Heavy and Very Heavy Field Artillery Crewman).

3.  The applicant served with Battery B, 1st Howitzer Battalion, 36th Artillery, in the Federal Republic of Germany during the period of 22 August 1959 to  
31 October 1960.

4.  He served continuously on active duty until he was honorably separated and transferred to the U.S. Army Reserve, on 28 February 1962.  He completed  
3 years, 3 months, and 3 days of Net Service This Period.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the award of the Marksman Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the awards of the National Defense Service Medal, Armed Forces Expeditionary Medal, and the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) 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.  

7.  Army Regulation 600-8-22 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.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The Federal Republic of Germany was not designated as one of the specific geographic area of military operations during the period of 22 August 1959 to 31 October 1960.

8.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

9.  Medal sets for approved awards can be requested through the Defense Supply Center Philadelphia, 700 Robbins Avenue, Post Office Box  
57997, Philadelphia, PA 19111-7997.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the awards of the National Defense Service Medal, Armed Forces Expeditionary Medal, and the Army Good Conduct Medal.

2.  Evidence shows the applicant is authorized the award of the National Defense Service Medal for honorable active service between the periods 1 January  
1961 through 14 August 1974.  Therefore, he is entitled to correction of his records to show the National Defense Service Medal.

3.  Evidence shows the applicant is not authorized the award of the Armed Forces Expeditionary Medal because the Federal Republic of Germany was not designated as one of the specific geographic areas of military operations during the period of 22 August 1959 to 31 October 1960.  Therefore, he is not entitled to correction of his records to show the Armed Forces Expeditionary Medal.

4.  Records show he is entitled to the first award of the Army Good Conduct Medal for the period from 28 November 1958 through 27 November 1961 based on completion of a period of qualifying service.  He received conduct and efficiency ratings of “excellent” throughout his service.  Therefore he is entitled to correction of his records to show the Army Good Conduct Medal first award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the National Defense Service Medal and the Army Good Conduct Medal first award for the period from 28 November 1958 through 
27 November 1961.

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 the award of the Armed Forces Expeditionary Medal.



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080002252



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ABCMR Record of Proceedings (cont)                                         AR20080002252



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