IN THE CASE OF:	  

		BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130006856 


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 award of the National Defense Service Medal and Army of Occupation Medal with Germany Clasp.

2.  The applicant states he served with the 4th Infantry Division in Frankfurt, Germany from 18 February 1955 to 7 November 1956.  He adds that he wants to join the Veterans of Foreign Wars.

3.  The applicant provides copies of his separation documents.

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 military service 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 that the applicant's records were lost or destroyed in that fire.  However, the DD Form 214 provided by the applicant is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 22 November 1954, honorably released from active duty on 
7 November 1956, and transferred to the U.S. Army Reserve (USAR) Connecticut Military District to complete his Reserve obligation.  He completed 1 year, 11 months, and 16 days of net active service.  

   a.  Item 24 (Statement of Service), block c (Foreign and/or Sea Service) shows 1 year, 6 months, and 5 days.

   b.  The DD Form 214 also shows he was:

* awarded military occupational specialty 310 (Field Communications Crewman)
* assigned to Headquarters Battery, 291st Field Artillery Battalion
* awarded the Army Good Conduct Medal

4.  In support of his application the applicant provides the following documents:

   a.  Headquarters Company, 3rd Battalion, 8th Infantry Regiment, Orders Number 15, dated 19 May 1956, that appointed the applicant to specialist third class (SP3)/pay grade E-4 (Temporary).

   b.  Headquarters, XIII U.S. Army Corps, Fort Devens, MA, Letter Order Number 10-2, dated 1 October 1962, that shows he was transferred to the USAR Control Group (Standby), St. Louis, MO, effective 15 October 1962; and

   c.  Office of The Adjutant General, U.S. Army Records Center, St. Louis, MO, Letter Orders, dated 31 January 1963, and DD Form 256A (Honorable Discharge Certificate) that show he was honorably discharged from the USAR and Army of the United States on 31 January 1963.

5.  The website www.usarmygermany.com provides unit histories for U.S. Army Europe units and shows that the 291st Field Artillery Battalion was withdrawn from the USAR and allotted to the Regular Army on 28 October 1954 with authorization to be activated on 17 December 1954 in Europe.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

	a.  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.

	b.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the National Defense Service Medal and Army of Occupation Medal with Germany Clasp.

2.  Records show the applicant served a period of continuous honorable active duty enlisted service from 22 November 1954 through 7 November 1956.  The National Defense Service Medal is awarded for honorable active service for, in pertinent part, any period between 27 July 1950 and 27 July 1954.  Thus, the evidence of record fails to show the applicant qualified for award of the National Defense Service Medal.

3.  Records show the applicant was assigned to Headquarters Battery, 291st Field Artillery Battalion, and he served overseas for 1 year, 6 months, and 5 days.

   a.  The applicant claims overseas service in Germany from 18 February 1955 to 7 November 1956.  A calculation of this period of service shows the following:

	1956  11   07  date of redeployment
         - 1955  02  18  date deployment
         =    01  08  19
         +                  1  day inclusive
         =    01  08  20  total foreign service

   b.  The entry in item 24, block c, of the applicant's DD Form 214 does not support the applicant's contention regarding the dates of his overseas service because it shows he completed 1 year, 6 months, and 5 days (i.e., not 1 year,
8 months, and 20 days).
   c.  A calculation to attempt to determine the actual period of the applicant's overseas service shows the following:

	1956  11  07  date of redeployment
         -     01  06  05  period of foreign service
        = 1955  05  02	 date of deployment

   d.  This represents the period from 2 May 1955 to 7 November 1956.

4.  The evidence of record shows award of the Army of Occupation Medal for service in Germany requires service of 30 consecutive days (emphasis added) at a normal post of duty and the qualifying service must have occurred between 
9 May 1945 and 5 May 1955 (emphasis added).

   a.  The available evidence does not support the applicant's contention that he served 30 consecutive days in Germany prior to 6 May 1955 (emphasis added).

   b.  Therefore, there is an insufficient evidentiary basis to show the applicant qualified for award of Army of Occupation Medal with Germany Clasp.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x ___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20130006856



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ABCMR Record of Proceedings (cont)                                         AR20130006856



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