IN THE CASE OF:	  

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090011834 


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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) as follows:

	a.  show award of the Good Conduct Medal, the Overseas Service Ribbon, the Korean Service Medal, the NATO Medal, and the Marksman Marksmanship Qualification Badge; and

	b.  show he was awarded a linguist military occupational specialty (MOS).

2.  The applicant states that the Army's guidance with respect to the Good Conduct Medal is completion of 3 years of service.  However, he was drafted and served honorably and faithfully for 2 years.  He and the thousands of inductees should be entitled to this medal.  He adds that he served in Germany from May 1953 to February 1955 and should also be awarded the Overseas Service Ribbon.  He also adds that he and several others served during the Korean War but were never stationed in Korea.  Although there are several ribbons for those who served in Korea, none exists for those who served during the Korean War.  A ribbon should exist for this service and should be named the "Europe" Service Medal.  He concludes that there are several NATO service ribbons for Kosovo, Bosnia, Iraq, but none for those who served in Europe and participated in NATO exercises.  There should be a NATO Medal with a bar that says "Europe."

3.  The applicant provides a copy of his DD Form 214, dated 11 February 1955;  a copy of Special Orders Number 53, issued by Headquarters, Fort Sheridan, on 20 February 1953; a copy of a letter, dated 26 March 1953, from the Commanding General, 101st Airborne Division, Camp Breckenridge, KY, to his parents; a copy of Special Orders Number 146, issued by Headquarters, 101st Airborne Division, Camp Breckenridge, KY, on 23 June 1953; copies of troop photographs; a copy of his 28th Infantry Division Honor Card; and a copy of his Honorable Discharge Certificate, dated 11 February 1955.

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 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.

3.  The applicant's DD Form 214 shows he entered active duty in Chicago, IL, on 13 February 1953.  This form also shows that at the time of separation, he held the military occupational specialty of a light weapons Infantryman and that his most significant assignment was with Headquarters and Headquarters Company, 47th Infantry Division.

4.  The applicant’s DD Form 214 shows he completed 1 year, 11 months, and 
29 days of creditable active service, of which 1 year, 6 months, and 17 days was foreign service.  However, there is no evidence available to indicate exactly where this foreign service was performed.  The applicant was honorably released from active duty on 11 February 1955 in the rank of private first class (PFC)/E-3 and transferred to the Army Reserve for completion of his Reserve obligation.



5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army of Occupation Medal with Germany Clasp and the National Defense Service Medal.  

6.  The applicant's reconstructed records do not contain official orders awarding him the Good Conduct Medal.  

7.  The applicant's Service Record would show his conduct and efficiency ratings throughout his period of military service; however, it is not available.

8.  The applicant submitted the following documentation in support of his request:

	a.  A copy of Special Orders Number 43, issued by Headquarters, Fort Sheridan, on 20 February 1953, shows he was one of several members who completed reception processing and was reassigned to the 101st Airborne Division, Camp Breckenridge, KY.  Additionally, he was also one of several members who "qualify as linguists" under the provision of Special Regulation 600-625-60 and Department of the Army Message 348691.  However, there is no indication that the applicant was accepted, attended, or completed language training.

	b.  A copy of a letter, dated 26 March 1953, from the Commanding General, 101st Airborne Division, Camp Breckenridg, inviting the applicant's parents to visit him at Camp Breckenridge.

	c.  A copy of Special Orders Number 146, issued by Headquarters, 101st Airborne Division, Camp Breckenridge, showing the applicant was one of several members who completed training and was assigned to the U.S. Army Europe.  

9.  Army Regulation 600-65 (Service Medals), in effect at the time, provided in pertinent part policy and criteria concerning the Army Good Conduct Medal.  It stated that the Army Good Conduct Medal was awarded for a period of 3 continuous years completed subsequent to 26 August 1940, except that an award may be made for the completion of a period of one continuous year between 7 December 1941 and 2 March 1946, both dates inclusive.  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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.
10.  Army Regulation 600-8-22 (Military Awards), currently in effect, provides for the following awards:

	a.  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 each 3 years completed on or after  27 August 1940; for first award only, 1 year served entirely during the period       7 December 1941 to 2 March 1946; for first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year; for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty; and for first award only, for those individuals who died before completing 1 year of active Federal military service if the death occurred in the line of duty.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

	b.  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 completing a normal overseas tour 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. 

	c.  The NATO Medal is awarded by the Secretary-General of the North Atlantic Treaty Organization (NATO) to military and civilian members of the Armed Forces of the United States who participate in designated NATO operations.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of specific NATO operations.  The following missions/operations have been approved by the Secretary of Defense, for acceptance and wear (a) Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined); (b) Operations related to Kosovo (13 October 1998 to a date to be determined); (c) Operation Eagle Assist (12 October 2001 to 16 May 2002); (d) Operation Active Endeavor (26 October 2001 to a date to be determined); (e) International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined); and (f) Operations in the Balkans (1 January 2003 to a date to be determined).


	d.  The Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954, under any of the following conditions:  Within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the Commander-in-Chief, Far East (CINCFE); other than one within the territorial limits of Korea, which has been designated by the CINCFE, as having directly supported the military efforts in Korea; or was furnished an individual certificate by the CINCFE, testifying to material contribution made in direct support of the military efforts in Korea.  The service prescribed must have been performed while on permanent assignment; or on temporary duty for 30 consecutive days or 60 nonconsecutive days; or in active combat against the enemy under conditions other than the first two conditions provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit.

	e.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified [emphasis added] in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  The purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.  Orders were required during the applicant's period of service; however, they are no longer required for award of the marksmanship qualification badges.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Good Conduct Medal, the Overseas Service Ribbon, the Korean Service Medal, the NATO Medal, and the Marksman Marksmanship Qualification Badge.  

2.  The applicant's honorable service to our Nation is not in question.  However, his reconstructed record is void of any recommendation for and/or order that shows that he was recommended for or awarded the Good Conduct Medal.  It is impossible to determine the applicant's conduct and efficiency ratings for the entire period of qualifying service.  Therefore, there is insufficient evidence to award him the Good Conduct Medal.


3.  With respect to the Overseas Service Ribbon, this ribbon was established on 10 April 1981.  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.  The applicant completed 1 year, 6 months, and 17 days of foreign service.  However, he did not have an active Army status subsequent to 11 February 1955.  Therefore, he does not meet the criteria for this award.

4.  With respect to the Korean Service Medal, there is no evidence that the applicant served within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the CINCFE, other than one within the territorial limits of Korea, which had been designated by the CINCFE, as having directly supported the military efforts in Korea; or that he was furnished an individual certificate by the CINCFE, testifying to material contribution made in direct support of the military efforts in Korea.  Therefore, there is insufficient evidence to show that he met the criteria for award of the Korean Service Medal.

5.  With respect to the NATO Medal, there is no evidence in the available records and the applicant did not submit any substantiating evidence that he served in a mission or operation that has been approved by the Secretary of Defense, for acceptance and wear of the NATO Medal.  Therefore, he does not meet the criteria for this award.

6.  With respect to the marksmanship badges, there is no evidence in the available record and the applicant did not provide any evidence that shows he qualified with any weapon systems and/or was awarded any marksmanship badges at the time.  In the absence of orders or any other documentary evidence such as a memorandum, letter, roster, or other locally devised form, showing the date and class of qualification, there is insufficient evidence to grant the applicant relief. 

7.  With respect to a linguist MOS, the evidence of record shows that shortly after entry on active duty, he was identified as qualifying for a foreign language.  However, in the absence of evidence that shows the applicant was awarded an interpreter, interrogator, translator, voice interceptor, or any specialty that required the use of a foreign language, there was no provision at the time to list a foreign language on the DD Form 214.  

8.  With respect to the suggested "Europe" medals and/or ribbons, the applicant is to be commended for his attempt to recognize veterans who may not be otherwise recognized.  However, the creation of new medals and/or ribbons is not within the purview of this Board.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20090011834



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ABCMR Record of Proceedings (cont)                                         AR20090011834



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