BOARD DATE:	  16 October 2012

		DOCKET NUMBER:  AR20120007387 


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 show award of:

* The Army Good Conduct Medal
* The Army of Occupation Medal with Germany Clasp
* The National Defense Service Medal
* Marksmanship Qualification Badges
* Any unit awards

2.  The applicant states his discharge document does not show any awards.  He served his country for 3 years with honor.  He only wants what he has earned.

3.  The applicant provides a copy of 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 requested the Army of Occupation Medal with Germany Clasp and the National Defense Service Medal be added to his DD Form 214.  It appears that in response to an application to the U.S. Army Human Resources Command (HRC), on 23 April 2010, the Awards and Decoration Branch advised the applicant that after reviewing the documentation he provided in support of his request, they were able to verify his entitlement to the Army of Occupation Medal with Germany Clasp and the National Defense Service Medal.  As a result, a   DD Form 215 (Correction to DD Form 214) was issued adding these awards to his DD Form 214 for the period ending 17 August 1953.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.  A copy of HRC's memorandum and DD Form 215 will be provided as an enclosure with these Proceedings.

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

4.  The applicant enlisted in the Regular Army (RA) on 17 August 1950 for a period of 3 years.  He was advanced to corporal (CPL)/E-4 (temporary) on
13 October 1951.  His record contains a WD AGO Form 24A (Service Record) that shows:

* he served in Germany from 28 November 1952 through 9 July 1953
* he was assigned to A Battery, 979th Field Artillery Battalion from 11 December 1952 through 5 July 1953

5.  His WD AGO Form 24A further shows no record of time lost, trial by court-martial, or nonjudicial punishment.  Section 24 (Endorsements) of this form shows the following entries regarding his conduct and efficiency ratings and consideration for the Army Good Conduct Medal:

* 9 November 1950, “excellent” character and efficiency ratings, favorably considered
* 
15 October 1952, “excellent” character rating and “superior” efficiency rating, favorably considered

6.  His record contains a DA Form 20 (Soldier's Qualification Card) that shows in Section 32 (Qualifications in Arms) he qualified expert with the carbine rifle.

7.  On 17 August 1953, the applicant was honorably discharged in the rank/grade of CPL/E-4.  He completed 3 years and 1 day of net active service with no time lost.  He was also credited with 8 months and 5 days of foreign service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the entry "None."

8.  Army Regulation 600-65 (Military Award), 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 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.  A Soldier's conduct and efficiency ratings must have all been recorded as "excellent" or higher.  There must have been no convictions by court-martial.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation emblems, and occupation duty credit for World War II and the Korean War.  This pamphlet does not show his unit, the 979th Field Artillery Battalion, was cited for any unit awards during his period of service.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows the applicant served honorably from 17 August 1950 through 17 August 1953.  He attained the rank/grade of 
CPL/E-4 and he received all "excellent" or above conduct and efficiency ratings.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal for the period 17 August 1950 through 16 August 1953 based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The available record also shows he qualified expert with the carbine rifle.  Therefore, his DD Form 214 should be corrected to show the Expert Marksmanship Qualification Badge with Carbine Bar.

3.  There is no evidence that his unit, the 979th Field Artillery Battalion, was authorized any unit awards during his period of service.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period
17 August 1950 through 16 August 1953
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the Expert Marksmanship Qualification Badge with Carbine 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 correction to his DD Form 214 to show any unit awards.



      __________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)                                         AR20120007387



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ABCMR Record of Proceedings (cont)                                         AR20120007387



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