IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100010186 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Good Conduct Medal and any/all unit decorations for service in Germany.

2.  He states the above items were left off his DD Form 214.  He served with Service Battery, 1st Battalion, 22nd Artillery, U.S. Army Europe (Germany) from 30 July 1966 to 22 November 1967.  

3.  The applicant provides copies of his DA Form 20 (Enlisted Qualification Record), his DD Form 214, and a letter from the National Records Personnel Center.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no requests, statements, or additional documentation in support of the 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 records show he was inducted into the Army of the United States on 21 March 1966 for 2 years.  He completed the training requirements and he was awarded military occupational specialty 13A (Field Artillery (Basic)).  He served in Germany from 30 July 1966 through 22 November 1967.  He was assigned to Service Battery, 1st Battalion, 22nd Artillery, Army Post Office New York 09696 (Nuremberg/Furth).  There is no evidence this unit was awarded the Presidential Unit Citation or any other awards during the period of the applicant's assignment.

3.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings except for one “good” efficiency rating during basic combat training.  

4.  He was honorably released from active duty in pay grade E-4 on 20 March 1968, at the expiration of his term of service, and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completion of 2 years of net active service with no lost time.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  

6.  In a letter dated 16 August 2006, the National Personnel Records Center provided him copies of all documents that were found in his personnel records.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to      22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  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.

8.  Army Regulation 600-8-22 (Military Awards) also specifies the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  The Army of Occupation Medal with Germany Clasp is authorized for service with the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  The clasp is a bronze bar with the word "Germany" to denote occupation duty rendered in Europe.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant had mostly "excellent" conduct and efficiency ratings except for one “good” efficiency rating during basic combat training.  While in the Army, he attained the pay grade of E-4, served overseas, and had no lost time.  There is no evidence that his chain of command denied him the award.  Therefore, it is concluded he is eligible for the Good Conduct Medal (First Award) for the period 21 March 1966 to 20 March 1968 and addition of the medal to his DD Form 214.

2.  The evidence also confirms he served in Germany from 30 July 1966 through 22 November 1967 with the Service Battery, 1st Battalion, 22nd Artillery.  However, there is no evidence of record and none was provided by him to show he served in Berlin during the qualifying period of service for award of the Army of Occupation Medal with Germany Clasp.  There is also no evidence his unit was authorized any awards during his period of service in Germany.  Therefore he is not entitled to correction of his DD Form 214 to show any additional awards for his service in Germany.

3.  In view of the foregoing his records should be corrected as recommended below.

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 adding to Item 24 of the applicant’s DD Form 214 the Good Conduct Medal (First Award) for the period 21 March 1966 to 20 March 1968 and providing him a document that includes this change.

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 adding any additional awards to his DD Form 214 for his service in Germany.



      _______ _   __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)                                         AR20100010186



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ABCMR Record of Proceedings (cont)                                         AR20100010186



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