IN THE CASE OF:	  

		BOARD DATE:	       11 JUNE 2009

		DOCKET NUMBER:  AR20090001372 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal and the Army of Occupation Medal.

2.  The applicant states, in effect, that he should receive award of the Army Good Conduct Medal and the Army of Occupation Medal.

3.  The applicant provides a supplemental letter and his DD Form 214 in support of his application.

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 enlisted in the Regular Army on 27 July 1977.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (infantryman).  He later completed basic airborne training.  His highest grade attained was specialist four (SP4), E-4.

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Germany from on or about 10 January 1978 to on or about 21 July 1980 with the 1st Battalion, 15th Infantry.  There is no evidence of record which shows he was assigned to Berlin.

4.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 does not list any awards.

5.  His service personnel records do not contain any disciplinary actions.  There is no evidence he was disqualified by his chain of command from receiving the first award of the Army Good Conduct Medal.

6.  The applicant was honorably discharged on 26 July 1980 in the rank of SP4, E-4.  He completed 3 years of active military service with no days of lost time.

7.  His DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 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.  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.

10.  The Army of Occupation Medal with Germany Clasp, exclusive of Berlin, is authorized for service between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1955 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 27 July 1977 through 26 July 1980.  The applicant did not receive any disciplinary actions and was promoted to SP4 during this period of service.

2.  It appears that the applicant has met the requirements for the first award of the Army Good Conduct Medal for the period 27 July 1977 through 26 July 1980.

3.  Although the applicant claims that he should have received the Army of Occupation Medal, his service in Germany does not qualify him for either the Army of Occupation Medal with Germany Clasp for service in Berlin nor the Army of Occupation Medal with Germany Clasp for service during World War II.  Therefore, the applicant has not met the requirements for award of the Army of Occupation Medal and there is no basis for amending his DD Form 214 to show this award.

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 first award of the Army Good Conduct Medal for the period 27 July 1977 through 26 July 1980; and 

	b.  amending his DD Form 214 to add award of the Army Good Conduct 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.



      __________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)                                         AR20090001372



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ABCMR Record of Proceedings (cont)                                         AR20090001372



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