IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20120002236 


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) to show the National Defense Service Medal.  He also requests a review of his records to establish his eligibility for the:

* Army of Occupation Medal with Germany Clasp 
* Army Good Conduct Medal

2.  The applicant states based on his honorable service from 18 September 1959 to 24 August 1962, he should be eligible for the National Defense Service Medal. Additionally, while in the military stationed in Germany in 1962, he was issued orders and sent back to the States for release from active duty; therefore, the above awards were omitted from his DD Form 214.

3.  The applicant provides his DD Form 214 and Honorable Discharge Certificate.

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 18 September 1959 and he held military occupational specialty 111.00 (Light Weapons Infantryman).  He served in Germany from 8 July 1960 to 23 July 1961.  He was assigned to the 28th Ordnance Company, Army Post Office 872 (Zweibruecken).

3.  Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows with the exception of an "unknown" rating on 18 May 1960, he received "excellent" conduct and efficiency ratings throughout his military service.  

4.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows he was awarded the:

* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  He was honorably released from active duty, on 24 August 1962, and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligations, in the rank/grade of private first class (PFC)/E-3.  His
DD Form 214 shows he completed 2 years, 11 months, and 7 days of creditable active service and no awards or decorations are listed. 

6.  His records do not contain official orders awarding him the Army Good Conduct Medal.  A review of his service record also shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  

7.  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.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

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.    

9.  Army Regulation 600-8-22 also states that 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.

DISCUSSION AND CONCLUSIONS:

1.  The National Defense Service Medal is authorized from 1 January 1961 and 14 August 1974.  He served a qualifying period of service and should be entitled to this award and correction of his DD Form 214 to show it. 

2.  His record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar, Marksman Marksmanship Qualification Badge with Pistol Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show these badges.

3.  He served honorably during the period 18 September 1959 through 24 August 1962.  He served in Germany, attained the rank/grade of PFC/E-3, and except for one unknown rating, he received "excellent" conduct and efficiency ratings throughout his period of military service.  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 Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

4.  The qualifying service for the Army of Occupation Medal with Germany Clasp must have occurred between 9 May 1945 and 5 May 1955.  He did not serve a qualifying period of service.  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.  There is no evidence he served in Berlin during this period.  As such, he does not meet the criteria for this award.







BOARD VOTE:

____x___  ____x___  ____x ___  GRANT FULL RELIEF 

________  ________  ________  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 exemplary behavior, efficiency, and fidelity during the period 18 September 1959 through 
24 August 1962; and 

	b.  adding to his DD Form 214 the:

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

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 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)                                         AR20120002236



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120002236



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1