PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           25 SEPTEMBER 2001
	DOCKET NUMBER:   AR2001058879

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Ronald E. Blakely		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 that his record be corrected to reflect award of the Army of Occupation Medal, Armed Forces Expeditionary Medal and the Army Good Conduct Medal.  He also appears to be asking that the Board confirm that he sustained injuries to his lower back and right ear during his military service.  He states, in effect, that he was injured during training exercises in Germany in the spring of 1959.  The applicant submits a copy of a travel order and an Installation Clearance Record (DA Form 137) in support of his request.

3.  Information reconstructed from documents provided by the applicant indicate that he was inducted and entered active duty on 10 January 1958.  He served nearly 18 months overseas where he was assigned to Company H, 3rd Battalion, 11th Armored Cavalry Regiment.  In January 1959 he was authorized travel from his duty station to Munich, Germany for the “purp[ose] of medical consultation….” There are no additional records which confirm the basis for the medical consultation.  However, unit morning reports from Company H indicate that by June 1959 he had returned to his unit and was authorized several days of leave.

4.  The applicant was released from active duty on 16 December 1959, with an honorable characterization of service, and transferred to the Army Reserve.  His DA Form 137 indicates his conduct and efficiency were excellent and that he was recommended for award of the Army Good Conduct Medal.  His DD From 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect entitlement to any awards or decorations.

5.  Subsequent to his release from active duty, apparently while a member of the Army Reserve, the applicant was authorized to “have a Physical taken at the Dispensary at Fort Hamilton, Brooklyn.”  In March 1962 he was asked to report to the Orthopedic Clinic at Fort Jay, New York “for a final examination before he [the doctor] makes a decision in your case.”  Again, there are no medical records available to the Board which confirm the basis for these medical appointments.  In 1983 the applicant was informed that because of the 1973 fire at the National Personnel Records Center, attempts to locate his medical records would not be successful because “inpatient and outpatient records prior to 1960” were placed in an individual’s military personnel file.  He was also informed that clinical records would have been in his military personnel file which was likely destroyed during the 1973 fire.

6.  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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. 

7.  Army Regulation 600-8-22 also states that the Army of Occupation Medal was established in 1946 and awarded for service for 30 consecutive days at a normal post of duty while assigned to a designated location.  It was authorized for individuals who served in Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955.  The Armed Forces Expeditionary Medal was established in 1961 and authorized for award to individuals who participated in certain designated operations within designated locations.  During the applicant’s period of military service the Armed Forces Expeditionary Medal was not authorized for service in Germany.  Historical information indicates that the applicant’s unit, the 11th Armored Cavalry Regiment, originated at Fort Myer, Virginia, on 2 February 1901.  In 1957 the unit was assigned to Germany as part of the NATO Forces protecting the border from communist aggression until it returned to the United States in 1964.

CONCLUSIONS:

1.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 16 December 1959 when he was released from active duty with an honorable characterization of service.  His DA Form 137 tends to support a conclusion that there is no evidence available which would serve as a basis to deny him an award of the Army Good Conduct Medal.  In the interest of justice the Board concludes that it would be appropriate to award him the Army Good Conduct Medal for the period 10 January 1958 through 16 December 1959.

2.  The applicant is not entitled to the Armed Forces Expeditionary Medal or the Army of Occupation Medal.  Neither award was authorized for individuals who served in Germany during the applicant’s period of military service, except those who were serving in Berlin.  There is no evidence the applicant served in Berlin during the period in question.

3.  The Board can confirm the applicant was authorized travel to see medical personnel early in 1959 and subsequent to his release from active duty.  However, there are no records available which confirm the basis for the 1959 referral or the results of any examinations which might have taken place then or subsequent to his separation.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Army Good Conduct Medal for the period 10 January 1958 through 16 December 1959.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__JNS __  ___LE___  __REB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058879	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010925	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	108.00	
3.		
4.		
5.		
6.