IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140020136 


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 the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Overseas Service Ribbon or Overseas Service Bar

2.  The applicant states, in effect, he served in Berlin from 1959 to 1962 and his DD Form 214 does not list the National Defense Service Medal, Armed Forces Expeditionary Medal, and Overseas Service Ribbon or Overseas Service Bar for his long overseas tour.  He is a current and active member of the Veterans of Foreign Wars.  His records should reflect his honorable service in Berlin, because he served honorably in Berlin during turbulent times.

3.  The applicant provides copies of his DD Form 214 and information on the Armed Forces Expeditionary Medal.

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 the cases 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.

2.  The applicant's military records show he enlisted in the Regular Army on 2 April 1959 for 3 years.  He held military occupational specialty 763.10 (ordnance supply specialist).

3.  His DA Form 24 (Service Record) shows in:

* Section 5 – he served in Germany (Berlin) from 21 February 1960 through 16 April 1962
* Section 9 (Medals, Decorations, and Citations) – the:

* Army Good Conduct Medal
* Army of Occupation Medal (Germany (Berlin))
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)

4.  He was honorably released from active duty on 16 April 1962 and he was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 3 years and 15 days of active service of which 2 years, 1 month, and 27 days was foreign service.  His DD Form 214 lists the Army Good Conduct Medal and Army of Occupation Medal (Berlin).

5.  He provided a copy of information from Wikipedia on the Armed Forces Expeditionary Medal.

6.  Army Regulation 600-8-22 (Military Awards) states the:

   a.  National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. 

   b.  Armed Forces Expeditionary Medal is awarded to members of the Armed Forces of the United States who after 1 July 1958 participate, or have participated, in U.S. military operations, or U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations.  Tables 2-3 (Armed Forces Expeditionary Medal) of the regulation shows this award was designated for service in Berlin from 14 August 1961 through 1 June 1963.

   c.  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.  

7.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  The regulation stated a bar was authorized for wear for each period of 6 months of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in the regulation or appropriate Department of the Army message.  Paragraph 28-28d of the regulation did not specify Soldiers were authorized wear of the overseas service bar for service in Germany.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant completed a qualifying period of service for award of the National Defense Service Medal and Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) during his period of service.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  With regard to award of the Overseas Service Ribbon, notwithstanding his overseas service in Berlin between 1960 and 1962; the Overseas Service Ribbon was not established until 1 August 1981 for 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.  He was released from active duty on 16 April 1962.  There is no evidence of record and he provided none showing he had an active Army status on or after 1 August 1981.  Therefore, he does not meet the criteria for this award.



4.  With regard to the Overseas Service Bar, his service in Germany (Berlin) is not listed in the governing regulation as qualifying service for authorization of the Overseas Service Bar.  Therefore, he does not meet the criteria for this bar.  

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
* Armed Forces Expeditionary Medal
* Expert 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 award of the Overseas Service Ribbon or the Overseas Service Bar and addition of either award to his DD Form 214.



      _______ _   _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)                                         AR20140020136



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ABCMR Record of Proceedings (cont)                                         AR20140020136



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