IN THE CASE OF:	  

		BOARD DATE:	    24 April 2014

		DOCKET NUMBER:  AR20130015197 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards, decorations, and badges, to include:

* Army Good Conduct Medal (AGCM)
* Overseas Service Medal (Interpreted to mean the Overseas Service Ribbon (OSR))
* Campaign Medal
* Berlin Medal (Interpreted to mean the Army of Occupation Medal (AOM with Germany Clasp) for occupation of Berlin

2.  The applicant states that during his service in the Federal Republic of Germany (FRG), he worked as a guard and trained in a place named Hornville.  He never received any of the awards mentioned above.  He wants these medals so he can work in a higher capacity with the Veterans of Foreign Wars.

3.  The applicant provides copies of:

* DD Form 214
* DD Form 47 (Record of Induction)
* DA Form 24 (Service Record)


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.  On 13 April 1960, the applicant was inducted into the Army of the U.S.  He completed his initial training and was awarded a military occupational specialty 111.10 (Light Weapons Infantryman).

3. The applicant's DA Form 24 shows he qualified as:

* a marksman with the M1 rifle
* a second class gunner (marksman) with the 3.5 millimeter rocket launcher
* a first class gunner (sharpshooter) with the machine gun

4.  The applicant's DA Form 24 also shows he was assigned for duty with the:

	a.  41st Infantry Regiment at fort Hood, Texas from 24 June to 3 September 1960 and received a "good" rating in efficiency; and

	b.  30th Infantry Regiment in the FRG from 2 June 1961 to 13 April 1962 and received a "good" rating in efficiency.

5.  On 23 April 1962, the applicant was released from active duty with an honorable characterization of service.  He was released upon return from overseas.  His DD Form 214 does not list any awards or badges.

6.  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.

7.  Army Regulation 600-8-22 (Military Awards):

	a.  The Army of Occupation Medal 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 Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	c.  The National Defense Service Medal is awarded for honorable active service for any period 1 January 1961 through 14 August 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show all of his awards, decorations, and badges, to include:

* AGCM
* OSR
* Campaign Medal
* AOM with Germany Clasp


2.  The available evidence of record does not show that the applicant's commander recommended him for award of the AGCM.  Furthermore, his service record indicates that he twice received disqualifying ratings of good in efficiency. Therefore, this portion of his request should be denied.

3.  There is no evidence of record showing that the applicant qualified for award of any recognized campaign medal.  Therefore, this portion of his request should be denied.

4.  There is no evidence of record showing that the applicant was assigned to a qualifying unit in Berlin in order to receive the AOM with Germany clasp for the occupation of Berlin.  Therefore, this portion of his request should be denied.

5.  The OSR was authorized in 1981.  It is not retroactive.  Therefore, the applicant did not serve during a qualifying period for this award.

6.  The applicant did serve during a qualifying period for award of the NDSM.  Therefore, this medal should be added to his DD Form 214.

7.  The evidence clearly shows the applicant qualified as a sharpshooter with the machine gun and as a marksman with the rifle and rocket launcher.  Therefore, the appropriate badges should be shown on his DD Form 214.

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 adding to his DD Form 214 the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
* Marksmanship qualification Badge with Rifle and Rocket Launcher Bars
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 Army Good Conduct Medal, a campaign medal, the Army of Occupation Medal with Germany Clasp, and Overseas Service Ribbon.




      _______ _   _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)                                         AR20130015197





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ABCMR Record of Proceedings (cont)                                         AR20130015197



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