IN THE CASE OF:	  

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090015032 


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 Army Good Conduct Medal, the Army of Occupation Medal for Germany (known as the Army of Occupation Medal with Germany Clasp), and the National Defense Service Medal.

2.  The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is void of awards.  He states he served with the 7th U.S. Army in Germany and because of this service he is entitled to the Army of Occupation Medal with Germany Clasp.

3.  The applicant provides as supporting evidence a copy of his DD Form 214 with a separation date of 5 November 1957.

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 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 to conduct a fair and impartial review of this case.  The source document used is the applicant's copy of his DD Form 214.

3.  The applicant enlisted in the Regular Army on 27 August 1954 for a 3-year period of service.  He completed basic and advanced individual training receiving the military occupational specialty 671.20 (Airplane Mechanic).

4.  The applicant was honorably released from active duty on 5 November 1957.  He was transferred to the U.S. Army Reserve Pennsylvania Military District to complete his military service obligation.  He was issued a DD Form 214 showing he served on active duty for 3 years, 2 months, and 9 days.  He also served a foreign and/or sea service tour for 2 years, 5 months, and 30 days.  There is no location identified on his DD Form 214 to show where he served overseas.  His last duty assignment was with the 245th Transportation Company, Army Post Office 28, Mannheim, Germany.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the entry "None."

6.  There are no available records showing the applicant's history of unit assignments with corresponding duty performance ratings available for the Board's review.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal would be awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

8.  Army Regulation 600-8-22 (Military Awards) as amended 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.

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

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War.  This pamphlet establishes individual eligibility for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit.  This pamphlet does not show the Army of Occupation Medal with Germany Clasp was awarded to the 245th Transportation Company.

DISCUSSION AND CONCLUSIONS:

1.  As there are no available records to show the applicant's unit history assignments during his active service enlistment period or his commanders' conduct and efficiency evaluation ratings during his assignments, an award of the Army Good Conduct Medal cannot be granted.  It is unknown whether the applicant had "excellent" conduct and efficiency ratings or any disqualifying conduct.  Therefore, there is insufficient evidence to award the Army Good Conduct Medal.

2.  The applicant entered active duty on 27 August 1954 and served through 5 November 1957.  These dates are not within a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is not entitled to this award.

3.  The applicant's last unit of assignment was the 245th Transportation Company, Mannheim, Germany.  A review of Department of the Army Pamphlet 672-1 shows that this unit was not awarded the Army of Occupation Medal with Germany Clasp.  Therefore, he is not entitled to this award.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  There is no evidence of record nor has the applicant provided any evidence that would justify award of the Army Good Conduct Medal, the National Defense Service Medal, or 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:

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 the applicant 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)                                         AR20090015032



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015032



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1