IN THE CASE OF:	  

		BOARD DATE:  13 December 2012

		DOCKET NUMBER:  AR20120010024 


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, in effect, award of the Army Good Conduct Medal (AGCM), an unspecified sharpshooter marksmanship qualification badge, "Overseas Occupation Medal" (presumably he means the Army of Occupation Medal with Germany Clasp for the Army of Occupation of Italy) and "Colonel's Orderly Medal."   

2.  The applicant states:

	a.  he never received the AGCM or the sharpshooter medal for his basic training.

	b.  he was the "Colonel's Orderly" three times.

	c.  at Naples, Italy he was selected to go to Trieste.  He was assigned as an intelligence military police officer.  As an extra activity, he played basketball for the United States and eventually became the coach (34 wins and 3 defeats).  He only received a letter of commendation, not an overseas occupation medal.   

3.  The applicant provides:

* Honorable Discharge Certificate
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* Map of Italy
* Newspaper articles
* Letter of commendation for his contribution to the athletic program 
* Death certificates of family members 

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 was inducted into the Army of the United States on 23 May 1951.  He served in Italy from November 1951 to May 1953.  On 9 May 1953, he was honorably released from active duty in the temporary rank of corporal after completing 1 year, 11 months, and 17 days of creditable active service with no time lost. 

3.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "NONE."

4.  There are no orders for the AGCM in the available records.   However, Section 17 (Indorsements) of his DD Form 230 (Service Record) shows he was favorably considered for the AGCM on 14 April 1953.

5.  Orders, dated 10 October 1952, show he received the Sharpshooter Marksmanship Qualification Badge with Carbine Bar. 

6.  There is no evidence of record which shows he served in Italy during the period 9 May 1945 to 15 September 1947.

7.  Army Regulation 600-8-22 (Military Awards) does not show the "Colonel's Orderly Medal" as an authorized award.  



8.  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 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 (emphasis in the original) 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.

9.  Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary, or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp for the Army of Occupation of Italy, service must have been between 9 May 1945 and 15 September 1947.  

10.  Army Regulation 600-8-22 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.  

DISCUSSION AND CONCLUSIONS:

1.  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 14 April 1953.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 23 May 1951 through 9 May 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.




2.  Orders show he received the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  His DD Form 214 should be corrected to show this marksmanship qualification badge.  

3.  Evidence shows he served in Italy from November 1951 to May 1953.  He did not serve a period of qualifying service in Italy (9 May 1945 and 15 September 1947) for award of the Army of Occupation Medal with Germany Clasp for the Army of Occupation of Italy.  Therefore, there is no basis for granting his request for this medal.   

4.  He served a period of qualifying service for award of the National Defense Service Medal.  His DD Form 214 should be corrected to show this medal.   

5.  Since Army Regulation 600-8-22 does not show the "Colonel's Orderly Medal" as an authorized award, there is no basis for granting the applicant's 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:

	a.  awarding him the first award of the AGCM for the period 23 May 1951 through 9 May 1953; 
 
	b.  deleting the entry "NONE" in item 27 of his DD Form 214; and

	c.  adding the AGCM (1st Award), Sharpshooter Marksmanship Qualification Badge with Carbine Bar, and National Defense Service Medal to item 27 of his DD Form 214.  



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 award of the Army of Occupation Medal with Germany Clasp for the Army of Occupation of Italy or the "Colonel's Orderly Medal."    




      _______ _  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)                                         AR20120010024





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ABCMR Record of Proceedings (cont)                                         AR20120010024



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