PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            2 November 2000
	DOCKET NUMBER:   AR2000047552

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Soldier’s Medal, the Meritorious Service Medal, the Joint Service Commendation Medal, the Good Conduct Medal, the Army of Occupation Medal and the German Army Marksmanship Badge.  

3.  The Board noted that the applicant has failed to exhaust his administrative remedies regarding award of the Soldier’s Medal, the Meritorious Service Medal, and the Joint Service Commendation Medal.  Therefore, that portion of his request has been returned to him for processing in accordance with Section 1130, Title 10, United States Code and will not be discussed further in these Proceedings.

4.  The applicant states, in effect, that he is entitled to award of the Good Conduct Medal for his good service and is entitled to award of the Army of Occupation Medal for his service in Berlin, Germany.  He also states that he earned the German Army Marksmanship Badge while assigned to the 3rd Military Police Company in Germany.

5.  The applicant’s military records show that he entered active duty on 20 June 1974 and completed training as a military policeman.  The applicant was honorably released from active duty on 19 August 1977.  His DD Form 214 (Report of Separation from Active Duty) does not show the Good Conduct Medal, the Army of Occupation Medal or the German Army Marksmanship Badge as authorized awards.

6.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  There is no indication of indiscipline in his records and he was recommended for promotion to sergeant (E-5) just prior to his separation from active duty.

7.  The applicant’s DA Form 2-1 (Personnel Qualification Record-Part II) shows in Section VII (Current and Previous Assignments) that he served in the 287th Military Police Company in Berlin, Germany, from 5 November 1974 to 16 July 1975.  

8.  The applicant submitted a certificate of award and orders for award of “die Schutzenschnur in Bronze” [German Army Marksmanship Badge in Bronze] on 12 March 1976 while a member of the 3rd Military Police Company in Germany.

9.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  
10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  The Army of Occupation Medal with Berlin Clasp is awarded for qualifying service in Berlin, Germany, during the period 9 May 1945 to 2 October 1990.

11.  Army Regulation 600-8-22 provides in pertinent part, that commanders (overseas and in the Continental United States ) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in appendix D of this regulation.  The German Army Marksmanship Badge (Bronze) is listed in appendix D (Foreign Badges).

12.  Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.

CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal for the period 20 June 1974 through 19 June 1977 based on completion of three years of qualifying service.  Therefore, he is entitled to correction of his records to show this award.

2.  Evidence of record shows that the applicant served a period of qualifying in Berlin, Germany, for award of the Army of Occupation Medal with Berlin Clasp.  Therefore, he is entitled to correction of his records to show this award.

3.  Evidence of record shows the applicant was awarded the German Army Marksmanship Badge (Bronze) by an official of the German Army on 12 March 1976.  Although there is no approval for acceptance, retention, and permanent wear of this foreign badge, the Board has determined that the applicant is entitled to acceptance, retention, and permanent wear of this foreign badge.  Therefore, the applicant is also entitled to correction of his records to show this foreign badge.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the first award of the Good Conduct Medal for the period 20 June 1974 through 19 June 1977, was awarded the Army of Occupation Medal with Berlin Clasp and is entitled to permanent wear of the German Army Marksmanship Badge (Bronze).

BOARD VOTE:  

__TSK___  __FE___  __WDB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mr. Fred Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2000047552	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001102	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19770819	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.000.000	
2.		
3.		
4.		
5.		
6.