BOARD DATE: 17 April 2012
DOCKET NUMBER: AR20110020673
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding campaign and service ribbons he is eligible for.
2. The applicant states he would like all campaign and service ribbons he is eligible for to be added to his DD Form 214.
3. The applicant provides no documentary evidence in support of his 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 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 record shows the applicant served on active duty in an enlisted status from 15 November 1954 to 1 November 1956, at which time he was honorably released from active duty in the rank of specialist three (SP3). The DD Form 214 he was issued at the time shows he earned the Army Good Conduct Medal (AGCM).
3. On 2 December 1959, the applicant was appointed a second lieutenant in the U.S. Army Reserve (USAR). On 7 February 1960, he entered active duty. He was promoted to first lieutenant on 7 August 1961, and to captain on 27 November 1963.
4. His DA Form 66 (Officer Qualification Record) shows he completed two overseas tours in Europe (Germany). The first tour was from April 1955 to October 1956 and the second tour was from 14 July 1960 through 24 June 1963. There is no indication that the applicant ever served in a combat area.
5. Item 21 (Awards and Decorations) of the applicants DA Form 66 shows he earned the AGCM and Parachutist Badge.
6. On 20 July 1965, the applicant was honorably discharged in the rank of captain after completing a total of 10 years, 8 months, and 6 days of active military service. The DD Form 214 he was issued at the time shows he earned the Parachutist Badge.
7. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) is authorized for honorable active duty service performed during the following periods:
* 27 June 1950 to 27 July 1954
* 1 January 1961-14 August 1974
* 2 August 1990 and 30 November 1995
* 11 September 2001 to a Date to be Determined
8. Paragraph 5-11 of the awards regulation provides guidance on the Army of Occupation Medal. It states, in pertinent part, that it is authorized for service of 30 consecutive days at a normal post of duty in Germany during the period between 9 May 1945 and 5 May 1955.
DISCUSSION AND CONCLUSIONS:
1. By regulation, the NDSM is authorized for active duty service between 1 January 1961-14 August 1974; and the AOM with Germany Clasp is authorized for 30 consecutive days of service in Germany during the period between 9 May 1945 and 5 May 1955.
2. The evidence of record confirms the applicant served on active duty during a qualifying period for the NDSM, and that he served on active duty in Germany during a qualifying period for the AOM with Germany Clasp (any reasonable doubt that he served for the required 30 days prior to 5 May 1955 being resolved in his favor). Therefore, it would be appropriate to add these awards to his DD Form 214.
3. Under current regulatory policy all earned awards should be included on the DD Form 214. As a result, it would also be appropriate to add the Army Good Conduct Medal to the applicants 20 July 1965 DD Form 214.
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 amending his 20 July 1965 DD Form 214 by adding the Army Good Conduct Medal, National Defense Service Medal, and Army of Occupation Medal with Germany Clasp.
_________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) AR20110020673
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ABCMR Record of Proceedings (cont) AR20110020673
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