IN THE CASE OF:
BOARD DATE: 21 January 2010
DOCKET NUMBER: AR20090013990
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 award of the National Defense Service Medal and the Army of Occupation Medal with Germany Clasp.
2. The applicant states he feels he qualified for the awards by virtue of his service in Germany.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 August 1956; a copy of Letter Orders Number 7-74, issued by Headquarters, Pirmasens Sub-Area, on 30 July 1956; a copy of Special Orders Number 183, issued by Headquarters, Transfer Station, Fort Sheridan, IL, on 21 August 1956; and a copy of his Honorable Discharge Certificate, dated 13 September 1962, in support of his request.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants 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 that he was inducted into the Army of the United States (AUS) in Kansas City, MO, and entered active service on 14 September 1954, in the rank/grade of private (PV1)/E-1. At the time of his release from active duty (REFRAD) on 23 August 1956, he held military occupational specialty (MOS) 355.10 (Electrician) and attained the rank/grade of specialist 3 (temporary) and was assigned to the 7812th Army Unit, Pirmasens Detachment. He was subsequently transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.
4. The applicants DD Form 214 further shows that he completed 1 year, 11 months, and 10 days of creditable military service, of which 1 year, 5 months, and 13 days was foreign service.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. 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.
b. 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 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945. The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
DISCUSSION AND CONCLUSIONS:
1. With respect to the National Defense Service Medal, the evidence of record shows the applicant was inducted into the AUS and entered on active duty on 14 September 1954 and was honorably released from active duty on 23 August 1956. The National Defense Service Medal is authorized for honorable active service for any period between 27 July 1950 and 27 July 1954. Regrettably, the applicant did not serve a qualifying period for this award. Therefore, he is not entitled to it.
2. With respect to the Army of Occupation Medal, for award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945. The applicant was not awarded the European-African-Middle Eastern Campaign Medal. The Army of Occupation Medal with Germany Clasp is also authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. However, the available evidence of record shows he served in Pirmasens, not Berlin. Therefore, he does not meet the criteria for the Army of Occupation Medal with Germany Clasp.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ____x____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ 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) AR20090013990
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