IN THE CASE OF:	  

		BOARD DATE:	    29 September 2011

		DOCKET NUMBER:  AR20110002896 


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 his already awarded Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Army of Occupation Medal (AOM), and Expert and Sharpshooter Marksmanship Badges be entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests the following service schools be entered on his DD Form 214:  the Noncommissioned Officer (NCO) Academy, the Information Instructors' School, and two other schools.

2.  The applicant states he needs these changes to correct the omission in his DD Form 214 and to allow him to join the Veterans of Foreign Wars.

3.  The applicant provides his DD Form 214 and two training certificates.

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 show that he enlisted in the Regular Army on 18 February 1958, was awarded the military occupational specialty of armor intelligence specialist, and was promoted to pay grade E-4.

3.  He served in Germany from 28 July 1958 to 8 January 1961.  It appears he was stationed in Kissingen, Germany during this period.

4.  The applicant's DA Form 24 (Service Record), Section 4 – Chronological Record of Military Service, shows the applicant's conduct and efficiency was rated as excellent or unknown except for the period from 15 July 1960 to 27 January 1961, a period not served as a student.  For that period his conduct was rated as good.  Section 9 of this form, Medals, Decorations, and Citations, show he qualified as a Sharpshooter on the .30 caliber M1 Rifle on 5 April 1958, and he qualified as an Expert on the .30 Caliber M2 Carbine on 16 November 1960.

5.  His DA Form 20 (Enlisted Qualification Record), Block 26 (Military Education), shows he completed the NCO Academy, 4 weeks, in 1958, and the Information Instruction Course (year not given).

6.  Army Regulation 600-8-22 (Military Awards) provides that the AOM is awarded for service of 30 consecutive days at a normal post of duty while assigned to a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May 1955.  Qualifying service for the Berlin clasp is from 9 May 1945 and a terminal date to be announced later.  

7.  Army Regulation 635-5, in effect at the time, states that for Item 29, you enter installation training courses (qualification courses), correspondence courses, and off-duty courses.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  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.

9.  Army Regulation 600-8-22 (Military Awards) states the NDSM 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 applicant was not assigned to Germany when the AOM was authorized and was not assigned to Berlin.  As such, he is not entitled to the AOM.

2.  Likewise, the applicant is not entitled to the AGCM because he had a "Good" conduct rating for the period ending 27 January 1961.

3.  However, he is entitled to have the NCO Academy, 4 weeks, in 1958, and the Information Instruction Course entered on his DD Form 214 along with the Sharpshooter Marksmanship Badge with Rifle Bar and Expert Marksmanship Badge with Carbine Bar.  The applicant did not specify what the "other two schools" were and additional schools which would warrant being added to his DD Form 214 were not evident.

4.  Based on the dates of his service, he is also entitled to the NDSM.

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 changing his DD Form 214 for the period ending 1 February 1961 to add:

	a.  the NDSM, the Sharpshooter Marksmanship Badge with Rifle Bar, and the Expert Marksmanship Badge with Carbine Bar to Block 26; and

	b.  the NCO Academy and the Information Instruction Course to Block 29.

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 the AOM and the AGCM.  




      _______ _   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)                                         AR20110002896





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ABCMR Record of Proceedings (cont)                                         AR20110002896



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