IN THE CASE OF:	

		BOARD DATE:	  30 December 2008

		DOCKET NUMBER:  AR20080009230 


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 records be corrected to show all awards and medals he is authorized.

2.  The applicant states that he served on active duty in the U.S. Army from September 1959 to August 1961 for a period of 1 year, 11 months, and 23 days.  He served in the Reserves for the remainder of his contract from 1961 to 1965.  He states that his separation document (DD Form 214) does not show any awards or decorations for his service.  He would like to have any awards or medals for his faithful service to the U.S. Army and his country, such as the Army of Occupation Medal, National Defense Service Medal, Army Good Conduct Medal, Overseas Service Ribbon, and Rifle Badge.  He states that his son is working on a display case as a memento for his service, but his DD Form 214 does not have any awards listed.  This would be part of his family history that he would like to preserve for future generations.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending  24 August 1961.

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 was inducted into the Army of the United States on 2 September 1959.  He completed the necessary training and was awarded military occupational specialty (MOS) 772.10 (Enlisted Liaison Pilot-Mechanic).

3.  Section 5 (Service Outside Continental United States) of his DA Form  
24 (Service Record) shows he served in Frankfurt, Germany from 21 January 1960 to 23 August 1961.  Section 4 (Chronological Record of Military Service) shows he received conduct and efficiency ratings of “excellent” throughout his service.  Section 9 (Medals, Decorations, and Citation) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M1) and the Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine) and Rifle Bar (M1 Cal 30).

4.  He was honorably released from active duty on 24 August 1961 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  He completed 1 year, 11 months, and 23 days of creditable active service with no lost time.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows no awards or decorations.

6.  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, and escort on 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.

7.  Army Regulation 600-8-22 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.  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 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 11 November 1956 was not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to show all awards and medals he is authorized.

2.  His record shows he received conduct and efficiency ratings of “excellent” throughout his service, and he completed 1 year, 11 months, and 23 days of creditable active service with no lost time.  It appears he is authorized the first award of the Army Good Conduct Medal for the period 2 September 1959 through  24 August 1961 for completion of a period of qualifying service less than three years, but more than one year, ending with the termination of a period of Federal military service.   

3.  Evidence of record shows that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M1) and the Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine) and Rifle Bar (M1 Cal 30).  He served during a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled correction of his record to show these awards.

4.  Evidence of record shows that the applicant does not meet the criteria to be awarded the Army of Occupation Medal with Germany Clasp and the Overseas Service Ribbon.  Therefore, he is not entitled to correction of his records to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  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:

     a.  awarding him the Army Good Conduct Medal (first award) for the period     2 September 1959 through 24 August 1961; and

     b.  adding the Army Good Conduct Medal, National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M1) and the Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine) and Rifle Bar (M1 Cal 30) to his DD Form 214.

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 Army of Occupation Medal with Germany Clasp and the Overseas Service Ribbon.  




      _______ _ X  _______   ___
               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)                                         AR20080009230



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080009230



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1