IN THE CASE OF:	  

		BOARD DATE:	    28 January 2010

		DOCKET NUMBER:  AR20090013912 


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 (Report of Separation from the Armed Forces of the United States) to show he was awarded the National Defense Service Medal, Army of Occupation Medal, and Army Good Conduct Medal.

2.  The applicant states, in effect, his active duty service qualified him for the National Defense Service Medal, he served a qualifying period of service in Germany for award of the Army of Occupation Medal, and the period of his active duty service qualified him for the first award of the Army Good Conduct Medal.

3.  The applicant provides copies of a certificate of achievement, appointment orders, a shipping list, 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's military service 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 enlisted in the Army of the United States on 18 July 1951.  Upon completion of training, he was awarded military occupational specialty 0175 (Musician).

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 2 July 1953 prior to expiration of the term of his active service and he transferred to the U.S. Army Reserve Adjutant General Corps, Third Army Area, to complete his Reserve obligation.  At the time he had completed 1 year, 11 months, and 15 days of net active service.

   a.  Item 26 (Foreign and/or Sea Service) shows he completed 1 year, 4 months, and 13 days of overseas service.

   b.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the entry "None."

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  The applicant's records do not contain a record of a court-martial conviction(s) or any adverse information.

6.  In support of his application, the applicant provides the following documents:

	a.  An Office of the Chief of Special Services, U.S. Army Europe, Certificate of Achievement that shows the applicant attended the 7701st European Command Bandsmen School during the period 3 March 1952 to 27 May 1952.

	b.  Headquarters, 31st Army Band, Wurzburg District, Germany, Order Number 10, dated 20 April 1953, that shows the applicant was appointed to the grade of private first class (E-3).

	c.  An EC Form 191 (Shipping List), dated 6 October 1953, that shows the applicant's personal property was shipped from Wurzburg, Germany, to Charleston, South Carolina.
7.  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 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

8.  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.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.

9.  Army Regulation 600-65 (Service Medals), in effect at the time, provided 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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 and there must have been no convictions by court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the National Defense Service Medal, Army of Occupation Medal with Germany Clasp, and Army Good Conduct Medal because he qualified for the awards, but they are not recorded on his separation document.

2.  Records show the applicant served a qualifying period of honorable active duty service for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

3.  Records show the applicant was serving overseas in Germany as early as 3 March 1952.  Records also show the applicant completed 1 year, 4 months, and 13 days of overseas service at the time of his departure from Germany.  Thus, the evidence of record substantiates that the applicant served a qualifying period of service in Germany for award of the Army of Occupation Medal with Germany Clasp.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

4.  The applicant's Enlisted Qualification Record is not available to determine the conduct and efficiency ratings he received.  Nonetheless, the applicant was promoted to private first class (E-3) prior to his departure from Germany and within 75 days of his separation date.  In addition, his records do not contain any adverse information.  Thus, it is concluded that the applicant served a qualifying period of active duty service from 18 July 1951 to 2 July 1953 for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to approve this award and show it on his DD Form 214.

BOARD VOTE:

__X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 18 July 1951 to 2 July 1953; and

   b.  adding to item 27 of the applicant's DD Form 214 the Army Good Conduct Medal, National Defense Service Medal, and Army of Occupation Medal with Germany Clasp.



      _______ _  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)                                         AR20090013912



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)