IN THE CASE OF:
BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110000620
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 any other service ribbons/awards he may be eligible for.
2. He states the criteria for award of the National Defense Service Medal was changed after his discharge in 1962 to include those military members who served on active duty from December 1961 to 1974. He was ordered to active duty on 16 September 1961 until 10 August 1962 during the Berlin Crisis. During his first period of active duty from 10 August 1955 to 23 November 1959, he was stationed in Berlin, Germany from October 1956 to November 1959. He is not familiar with the criteria for any other service awards he might be eligible for.
3. He provides copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 23 November 1959 and 10 August 1962.
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 applicant's military record shows he enlisted in the Regular Army (RA) on 10 August 1955. He served in military specialty 717 (Administrative Specialist). He served in Germany from 12 October 1956 through 19 November 1959.
3. He was honorably released from active (REFRAD) on 23 November 1959, as an overseas returnee, and was transferred to the U.S. Army Reserve (USAR). He was credited with completing 4 years, 3 months, and 14 days of active service and 3 years, 1 month, and 8 days of foreign service and no time lost.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:
* Army Good Conduct Medal
* Army of Occupation Medal (Germany)
5. Section 9 (Medal, Decorations, and Citations) of his DA Form 24 (Service Record), for the period covering 10 August 1955 to 23 November 1959, lists the:
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Carbine Bar
6. He reenlisted in the USAR on 15 August 1961. He was ordered to active duty and entered active duty on 16 September 1961. He was honorably REFRAD on 10 August 1962. He was credited with completing 10 months and 25 days of active service, zero foreign service, and no time lost.
7. There are no awards listed in Item 26 of his DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed a qualifying period of service for award of the National Defense Service Medal from 16 September 1961 through 10 August 1962. Therefore, he is entitled to this award and its addition to his DD Form 214.
2. The evidence of record also shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Carbine Bar. Therefore, he is entitled to correction to his DD Form 214 to show these awards.
3. There is no evidence of record that shows he is entitled to any other awards for his periods of service ending 23 November 1959 and 10 August 1962.
4. In view of the foregoing, his records should be corrected as recommended below.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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. adding to Item 26 of his DD Form 214 ending 10 August 1962 the:
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar
b. issuing him a corrected document showing these changes.
_______ _ 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) AR20110000620
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110000620
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002078629C070215
The applicant's DD Form 214, with an effective date of 18 March 1961, shows entitlement to the Army of Occupation Medal with Germany Clasp based on service in Berlin. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. His DD Form 214, with an effective date of 18 March 1961, shows entitlement to award of the Army of Occupation Medal with Germany Clasp based on his service in Berlin.
ARMY | BCMR | CY2012 | 20120002236
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active enlisted service. He served a qualifying period of service and should be entitled to this award and correction of his DD Form 214 to show it. His file contains no information that would have disqualified him for award of the Army Good Conduct Medal (1st Award); therefore, it would be appropriate to award the applicant the...
ARMY | BCMR | CY2001 | 2001063455C070421
One of the qualifying periods of service for the award is upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year (for first award only). The above regulation also states that the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Army Good Conduct...
ARMY | BCMR | CY2007 | 20070002899
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 July 2007 DOCKET NUMBER: AR20070002899 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the weapons qualification badges that he earned. The applicant's military records...
ARMY | BCMR | CY2013 | 20130012129
Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 20 July 1961 through 3 July 1962. According to Table 2-2, Soldiers assigned to Berlin during the period 14 August 1961 through 1 June 1963 qualified for award of the AFEM. His record does not show he was stationed in Berlin; therefore, barring evidence to the contrary, there is an insufficient basis to award him either the AOM or AFEM.
ARMY | BCMR | CY2002 | 2002071491C070402
The applicant requests correction of his records to show the medals and certificates to which he is entitled such as the “Armed Forces Expeditionary Medal, the National Defense Service Medal, the Cold War Certificate, etc.” However, the applicant has presented no evidence that other soldiers in his unit received the Armed Forces Expeditionary Medal and he was denied that service medal. This medal is not shown on the applicant’s DD Form 214; therefore, the applicant is entitled to...
ARMY | BCMR | CY2013 | 20130018363
The applicant requests, in effect: a. his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Expert Marksmanship Qualification Badge with Carbine, Rifle (M-1, M-14, and M-15), Grenade Launcher, Rocket Launcher, and Pistol Bars; and b. award of the Armed Forces Expeditionary Medal (AFEM) for his service in Berlin. His DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). _______ _ _x______...
ARMY | BCMR | CY2010 | 20100014162
Application for correction of military records (with supporting documents provided, if any). The applicant requests his DD Form 214 be corrected to show completion of the NCOA Course and additional marksmanship qualification badges for the carbine, pistol, M-1 rifle, and submachine gun. Army Regulation 635-5 does not authorize entries of letters of appreciation on the DD Form 214.
ARMY | BCMR | CY2011 | 20110001661
The applicant's military records show he enlisted in the Regular Army, in pay grade E-2, on 23 May 1955, for 3 years. Section 4 - Chronological Record of Military Service, of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings from 23 May 1955 through 15 August 1955. 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...
ARMY | BCMR | CY2013 | 20130020765
For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955. 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. c. The Army of Occupation Medal with Berlin Airlift Device is based on service which must have occurred entirely within the period 26 June 1948 to 30 September 1949. Those personnel not qualifying for award...