IN THE CASE OF:	  

		BOARD DATE:  15 May 2012

		DOCKET NUMBER:  AR20110020865 


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 (Report of Separation from the Armed Forces of the United States) to add the Expert Marksmanship Qualification Badge, Presidential Unit Citation (PUC), Army Good Conduct Medal (AGCM), and United Nations Service Medal (UNSM).

2.  The applicant states:

* these four medals were never documented on his DD Form 214
* he has a plaque stating he earned these medals
* the only medal shown on his DD Form 214 is the Army of Occupation Medal

3.  The applicant provides a letter from a Member of Congress, dated 4 October 2011.

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 8 May 1951.  His DA Form 230 (Service Record) shows he was assigned to Headquarters and Service Company, 43rd Armored Infantry Battalion, in Germany from October 1951 to April 1953.  He was honorably released from active duty in the temporary rank of corporal on 24 April 1953 after completing 1 year, 11 months, and 17 days of creditable service with no lost time.

4.  His DD Form 214 shows award of the Army of Occupation Medal (Germany).

5.  Section 9 (Medal, Decorations, and Citations) of his DA Form 230 shows the Army of Occupation Medal.

6.  There are no orders for the Expert Marksmanship Qualification Badge, PUC, or AGCCM in the applicant's available records.

7.  Section 17 (Indorsements) of his DA Form 230 shows he was favorably considered for the AGCM on 29 March 1953.

8.  There is no evidence that shows the applicant served in Korea during the period 27 June 1950-27 July 1954.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows, in part, unit awards and citations authorized for units that served during World War II and the Korean War.  This pamphlet shows Headquarters and Service Company, 43rd Armored Infantry Battalion, was not cited for award of the Distinguished Unit Citation (currently known as the PUC).

10.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

11.  Army Regulation 600-8-22 states the PUC (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

12.  Army Regulation 600-65 (Service Medals), 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 the 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946 would not be disqualifying.  There must have been no convictions by 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.

13.  Army Regulation 600-8-22 states the UNSM is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

14.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) 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.  Since there are no orders which show the applicant was awarded the Expert Marksmanship Qualification Badge, there is insufficient evidence with which to add this badge to his DD Form 214.

2.  There is no evidence the PUC was awarded to the applicant's unit during his assignment in Germany.  Therefore, there is an insufficient evidentiary basis for correcting his DD Form 214 to show this unit award.

3.  The applicant was released from active duty in the temporary rank of corporal with 1 year, 11 months, and 17 days of creditable active service with no lost time.  In addition, he was favorably considered for award of the AGCM on 29 March 1953.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 8 May 1951 through 24 April 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

4.  There is no evidence that shows the applicant served in Korea during the period 27 June 1960 and 27 July 1954.  Therefore, there is insufficient evidence with which to add the UNSM to his DD Form 214.

5.  He served a period of qualifying service for award of the NDSM.  His DD Form 214 should be corrected to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 AGCM (1st Award) for the period 8 May 1951 through 24 April 1953 and

	b.  adding the AGCM (1st Award) and NDSM to his DD Form 214.

2.  The Board further determined 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 Expert Marksmanship Qualification Badge, PUC, and UNSM 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)                                         AR20110020865



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ABCMR Record of Proceedings (cont)                                         AR20110020865



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