IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100019419 


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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 August 1963 to show:

* National Defense Service Medal
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
* WWII Army Occupation Medal [correctly known as the Army of Occupation Medal with Germany Clasp]
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)

2.  The applicant states, in effect, his DD Form 214, in item 26 (Decorations, Medals, Badges, etc.) shows "None," yet his DA Form 24 (Service Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).  Furthermore, he participated in REFORGER (Return of Forces to Germany) exercises during the Cold War, serving almost 4 months in "the Rhine Maine area of Germany which included area of west Berlin, Neu Ulm, Manheim, Frankford, worms, Stuttgart, Augsburg, Nurnberg…"

3.  He provides:

* a DD Form 214
* a DA Form 24
* a DA Form 20 (Enlisted Qualification Record)
* a U.S. Army Honorable Discharge Certificate
* a copy of a information paper discussing the 4th Infantry Division history
* a copy of a website discussing the mission of the Strategic Army Corps (STRAC)
* a copy of a website discussing the history of the 1st Battle Group, 22nd Infantry 
* various military medical documents

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 enlisted in the Regular Army on 3 August 1960 and successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty 131.10 (Armor Crewman).

3.  Special Orders 140, Headquarters, 58th Infantry, 2nd Armor Division, dated 19 September 1960, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

4.  On 27 December 1960, he was assigned to A Troop, 2nd Reconnaissance (Recon) Squadron, 8th Cavalry, 4th Infantry Division, Fort Lewis, WA.

5.  He deployed to Germany with A Troop, 2nd Recon Squadron, 8th Cavalry.  Section 4 – Chronological Record of Military Service of his DA Form 24 shows from 15 January 1962 to 8 May 1962 his unit was in the Army Post Office (APO) 35, APO 166, and APO 699 geographical areas.

6.  Historical APO records show APO 35 was located in Schweinfurt, Germany, APO 116 was located in Seckenheim, Germany, and APO 699 was located in Frankfurt, Germany.

7.  His military service record is void of documentation showing assignment in Berlin, Germany.
8.  On 2 August 1963, he was released from active duty in the rank of specialist five SP5/E-5 after completing 3 years of creditable active service.

9.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows the entry "USAREUR "0" Years "3" Months and "24" Days."  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) shows the entry "None."

10.  There is no evidence in his military service records that shows he was awarded:

* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army of Occupation Medal with Germany Clasp

11.  His records do not contain any adverse information and his DA Form 24 shows he received "excellent" conduct and efficiency ratings throughout his period of service.  There is also no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

12.  He provided a copy of a website discussing the mission of the Strategic Army Corps (STRAC).  The site indicates that the 4th Infantry Division was part of a rapid deployment that could be deployed worldwide on short notice.

13.  He provided a copy of a website discussing 1st Battle Group, 22nd Infantry.  The site indicated that the 2nd Recon Squadron, 8th Cavalry was a unit assigned to the 1st Battle Group, 22nd Infantry.  In January 1962, the 1st Battle Group, 22nd Infantry took part in an exercise which deployed the Battle Group to Germany to test the Army's capability to reinforce NATO should war break out in Europe. 

14.  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.  There must have been no convictions by a court-martial.

15.  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 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.

16.  Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award includes service in Berlin during the period 14 August 1961 to 1 June 1963.

17.  Army Regulation 600-8-22 defines "area of operation" as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  "Direct support" is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  "Area of eligibility" is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.

18.  Army Regulation 600-8-22 provides, in pertinent part, that 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.  The Army of Occupation Medal with Germany Clasp is for authorized service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is eligible for award of the National Defense Service Medal.  He was also awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).  His DD Form 214 should be amended to show these awards.

2.  The applicant was released from active duty in the rank/grade of SP5/E-5 with 3 years of total active service with no time lost and "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence of any derogatory information of a commander's disqualification for award of the first award of the Army Good Conduct Medal.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 3 August 1960 through 2 August 1963.  Therefore, he is entitled to the 1st award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

3.  Evidence of record shows he was deployed to Germany with A Troop, 2nd Recon Squadron, 8th Cavalry, 1st Battle Group, 22nd Infantry for the period 15 January 1962 to 8 May 1962.  Unfortunately, there is no evidence of record and he has not provided evidence that shows A Troop, 2nd Recon Squadron, 8th Cavalry, 1st Battle Group, 22nd Infantry was assigned in Berlin for 30 days to be awarded the Army of Occupation Medal with Germany Clasp.  Therefore, there is no evidence to show he is eligible for award of the Army of Occupation Medal with Germany Clasp.  

4.  Since its creation, the Armed Forces Expeditionary Medal has been authorized for expeditionary service in specific geographic areas.  Most often, designated geographic areas have been countries, such as Lebanon, Congo, or Vietnam.  Although it is a city, designating Berlin as an area of eligibility for the award is in line with the convention of naming an area with clearly-defined boundaries.

5.  The relevant facts in this case are that during his deployment to Germany he was assigned to cities outside of Berlin.  The evidence of record does not show and he has not provided evidence showing he served in Berlin during the period of eligibility for the Armed Forces Expeditionary Medal.  Accordingly, he is not entitled to correction of his record to show he received this award.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 3 August 1960 through 2 August 1963; and 


	b.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)

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 the Armed Forces Expeditionary Medal and the Army of Occupation Medal with Germany Clasp to his DD Form 214.  




      __________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)                                         AR20100019419



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ABCMR Record of Proceedings (cont)                                         AR20100019419



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