BOARD DATE:	  26 February 2014

		DOCKET NUMBER:  AR20130012129 


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 award of the Army of Occupation Medal (AOM) or the Armed Forces Expeditionary Medal (AFEM) and the Army Good Conduct Medal (AGCM) for his service in Germany during the Cold War.

2.  The applicant states his unit performed border patrol for 6 weeks at a time in late 1961 or early 1962.  He states their mail was censored and they were issued live ammunition and body armor due to the imminent and present danger they experienced. 

3.  The applicant provides no other evidence in support of his request.

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 Regular Army on 14 July 1959.  He entered active duty, completed his initial entry training, and was awarded military occupational specialty 111.17 (Light Weapons Infantryman).  

3.  On 3 July 1962, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows:

   a. Item 24b (Statement of Service – Total Active Service) he completed         2 years, 11 months, and 20 days of total active service during this period of enlistment.

   b. Item 24c (Statement of Service – Foreign and/or Sea Service) he completed 1 year and 14 days of foreign service during this period of active military service.  

   c. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entry "None," indicating he did not receive any awards during his period of active military service.

4.  Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 20 July 1961 through 3 July 1962.  According to item 33 (Record of Assignments) of his DA Form 20, he was assigned to Company D, 1st Battalion, 505th Infantry Regiment, Army Post Office (APO) 185, during this period of foreign service; however, the unit's stationing location during this period is not shown.  

5.  His available record does not indicate his station of assignment during his foreign service in Germany, but historical APO listings show APO 185 was located in Mainz, Germany after 18 November 1952.

6.  There is no evidence in the available records that shows he was awarded the AGCM; however, neither is there evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  

7.  Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his entire period of active military service, with one exception during the period 27 June 1961 through 21 September 1961, during which time his conduct and efficiency was rated as "unknown."

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The AOM with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and           8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  The AOM with Germany Clasp is also authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990 (emphasis added).

	b.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days, provided the rendered support involved entering the area of operations.  Table 2-2 (AFEM – Designated U.S. Military Operations) lists the areas, named operations and dates for determining a Soldier's qualification for this award.  According to Table 2-2, Soldiers assigned to Berlin during the period 14 August 1961 through 1 June 1963 qualified for award of the AFEM.  No other location in Germany is cited.  

9.  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 would not be disqualifying.  There must have been no convictions by court-martial.  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.

10.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) 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.  

11.  Item 27 (Specialized Training) of his DA Form 20 shows he completed the Basic Airborne Course on 26 February 1960.

12.  Army Regulation 600-8-22 states the basic Parachutist Badge is awarded to individuals who satisfactorily complete the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

13.  Item 28 (Qualification in Arms) of his DA Form 20 shows he attained qualification with the following weapons systems:

* he qualified "expert" with the M-40 recoilless rifle (106mm) on                 22 October 1959
* he qualified "first class" with the M-252 mortar (81mm) on                          5 November 1959 
* he qualified "marksman" with the M-1 rifle on 16 September 1960

14.  Army Regulation 600-8-22 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.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the AOM (or the AFEM) and the AGCM was carefully considered.

2.  The applicant served on active duty during the period 14 July 1959 through     3 July 1962.  During this period, he received all "excellent" conduct and efficiency ratings, with one exception during the period 27 June 1961 through 21 September 1961, during which time his conduct and efficiency was rated as "unknown."  

3.  There is no evidence he was subject to any disciplinary or derogatory actions during his period of service, including court-martial actions.  Therefore, he should be awarded the AGCM (1st Award), for the period 14 July 1959 through 3 July 1962, and his DD Form 214 should be corrected to show this award.

4.  He served a qualifying period of service for award of the NDSM, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The evidence of record shows he successfully completed the Basic Airborne Course on 26 February 1960.  His DD Form 214 does not show he was awarded or authorized the basic Parachutist Badge; therefore, his DD Form 214 should be corrected to show this award.

6.  His DA Form 20 shows he was authorized the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (M-40), the First Class (Sharpshooter) Marksmanship Qualification Badge with Mortar Bar (M-252), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), based on his demonstrated qualification with these weapons systems.  These awards are not shown on his DD Form 214; therefore, he is entitled to correction of his       DD Form 214 to show them.

7.  Lastly, he contends he should be awarded either the AOM or the AFEM based on his service in Germany in 1961 and 1962.  The available documents contained in his record do not indicate where he was stationed during his service in Germany.  However, historical APO listings show APO 185 was located in Mainz, Germany after 18 November 1952, indicating he was assigned to Mainz.
The AOM and AFEM were only authorized for service in Berlin during the period in which he was stationed in Germany.  His record does not show he was stationed in Berlin; therefore, barring evidence to the contrary, there is an insufficient basis to award him either the AOM or AFEM.

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 AGCM (1st Award) for the period 14 July 1959 through 3 July 1962
* amending item 26 of his DD Form 214 to add the:

* AGCM (1st Award)
* NDSM
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar  (M-40)
* First Class (Sharpshooter) Marksmanship Qualification Badge with Mortar Bar (M-252)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)

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 awarding him either the AOM or the AFEM.  



      __________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)                                         AR20110018256



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ABCMR Record of Proceedings (cont)                                         AR20130012129



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