BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130016763


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 he was awarded or authorized the following medals and decorations:

* Overseas Service Commemorative Medal
* Army Good Conduct Medal  (AGCM)
* American Defense Service Medal (ADSM) 
* Army of Occupation Medal (AOM) with Germany Clasp (referred to by the applicant as the World War II (WWII) Occupation Medal)
* Armed Forces Expeditionary Medal (AFEM)
* Cold War Victory Commemorative Medal
* Foreign Expeditionary Service Commemorative Medal
* U.S. Army Commemorative Medal
* Honorable Service Commemorative Medal

2.  The applicant states the qualifications were overlooked and not entered on his DD Form 214.  He further states that between January 1967 and July 1967 he was on temporary duty (TDY) in Berlin; however, he doesn't have any documentation that can be presented as evidence of that service.  

3.  The applicant provides the following in support of his request:

* DD Form 214
* numerous copies of DA Forms 1 (Morning Report) and DA Forms 305-3 (Personnel Roster)
* an extract of his DA Form 20 (Enlisted Qualification Record)
* catalog cut-out descriptions of each of the 9 requested medals
* numerous color photographs taken of various locations in Germany, including East Berlin
* an email message between himself and a research assistant

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 the Regular Army on 14 August 1964.  He completed his initial entry training and was awarded military occupational specialty 36G (Manual Central Office Repairman).  The highest rank/grade he attained during his period of active military service was specialist five (SP5)/E-5.

3.  Item 31 (Foreign Service) of his DA Form 20 shows he served in Germany from on or about 16 February 1965 to 14 July 1967.  

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his period of service in Germany, he was assigned to the following units:

* 557th Signal Company, 504th Signal Battalion in Mannheim, from on or about 16 February 1965 through 15 July 1965
* 557th Signal Company, with duty at the 18th Ordnance Company in an unknown location, from 16 July 1965 through 10 August 1965
* Company A, 51st Maintenance Battalion, with duty at Company B, 61st Maintenance Battalion in Mannheim, from 11 August 1965 through 20 September 1965
* Company B, 51st Maintenance Battalion in Mannheim, from 21 September 1965 through 15 March 1966
* 279th Signal Platoon, 1st Support Brigade in Mannheim, from 16 March 1966 through 13 July 1967  

5.  On 20 July 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows the following entries:

   a. Item 22a(3) (Statement of Service – Creditable for Basic Pay Purposes – Total) he was credited with completing 2 years, 11 months, and 7 days of total active service during his period of enlistment.

   b. Item 22c (Statement of Service – Foreign and/or Sea Service) he was credited with completing 2 years, 5 months, and 3 days of foreign service in the U.S. Army Europe (USAREUR) Theater of operations.

   c. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar during his period of active duty.

6.  His record is void of evidence that shows he served in Berlin during his period of foreign service in Germany.

7.  He provides the following in support of his request:

   a. Numerous copies of DA Forms 1 and DA Forms 305-3 which show he was assigned to organizations stationed in Mannheim; however, none of these documents show he served in or near Berlin, or anywhere outside of Mannheim.

   b. Numerous color photographs taken of various locations in Germany, including East Berlin; however, these photographs do not definitively establish his assignment location.

8.  There is no documentation in his available record that shows he was awarded the AGCM.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence of a commander's disqualification for the award.  Nor is there any evidence of convictions by courts-martial or nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ).

9.  Army Regulation 672-5-1 (Awards), 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings, and must not have been convicted by court-martial.

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

   a. The ADSM is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

   b. The AOM with Germany Clasp is awarded for qualifying service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990 at a normal post of duty.  Members serving in a TDY status are ineligible for this award.

   c. The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  The AFEM is authorized for Soldiers assigned in Berlin during the period 14 August 1961 through 1 June 1963.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably from 14 August 1964 to 20 July 1967.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the AGCM.  Therefore, as a matter of equity, it would be appropriate to award him the AGCM (1st Award), and to correct his DD Form 214 to show this award.

2.  The ADSM is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. He did not serve during this period; therefore, there is no basis for granting this portion of the requested relief.

3.  The AOM with Germany Clasp is awarded for qualifying service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  In addition members serving in a TDY status are ineligible for this award.  The AFEM is authorized for Soldiers assigned in Berlin during the period 14 August 1961 through 1 June 1963.  The applicant served in Germany from on or about 
16 February 1965 through on or about 20 July 1967; however, there is no evidence he served in Berlin and he acknowledges he was there in a    temporary duty status.   Absent such definitive evidence, there is no basis for granting this portion of the requested relief.

4.  As for the correction of his DD Form 214 to show he was awarded or authorized numerous commemorative medals, most commemorative medals are not officially recognized.  Title 32 of the Code of Federal Regulations, Part 578, lists the official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint; however, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.  Therefore, he is not entitled to the addition of the below award to his DD Form 214. 

* Overseas Service Commemorative Medal
* Cold War Victory Commemorative Medal
* Foreign Expeditionary Service Commemorative Medal
* U.S. Army Commemorative Medal
* Honorable Service Commemorative Medal

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 is 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 August 1964 to 20 July 1967, and by amending his DD Form 214 to add the AGCM (1st Award).




2.  The Board further determined 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 correcting his DD Form 214 to show he was awarded or authorized the ADSM, the AOM with Germany Clasp, the AFEM, or any commemorative medals.




      ___________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20130016763



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