PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:              18 July 2002
	DOCKET NUMBER:      AR2002072034

	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. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Armed Forces Expeditionary Medal, the Presidential Unit Citation with "clusters", the National Defense Service Medal and all other awards to which he is entitled.  The applicant's request for replacement of his medals was addressed by separate correspondence.

3.  The applicant states, in effect, that the additional medals and citations awarded to him during the period 1962 to 1965 were authorized and he would like his records to reflect these awards.  He also states that he was stationed in Berlin from May 1963 through April 1965 in military occupational specialty (MOS) 311.60.  In support of his application, he submits a copy of his DD Form 214, Standard Form 180 (Request Pertaining to Military Records), and a letter from the National Personnel Records Center, dated 18 January 2002.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he initially served in the Army National Guard from May 1962 to November 1962.  He was inducted in the Regular Army on 23 April 1963 and completed infantry training.  The applicant served in Germany from 5 July 1963 through 13 April 1965 and was honorably released from active duty on 14 April 1965.

5.  The applicant's service personnel records contain two DD Forms 214.  His discharge document, with an effective date of 14 April 1965, does not show the Armed Forces Expeditionary Medal, the Presidential Unit Citation with "clusters", or the National Defense Service Medal as authorized awards.

6.  There is no evidence of record which shows the applicant was awarded the Armed Forces Expeditionary Medal.  Section 5 (Service Outside Continental United States) on his DA Form 24 (Service Record) shows he served in Germany from 5 July 1963 through 13 April 1965.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show that, at the time of the applicant’s assignment to the 3rd Battalion, 6th Infantry Regiment in Germany, the unit was cited for any awards of the Presidential Unit Citation.    

8.  Records available to the Board contain a DA Form 1577 (Authorization for Issuance of Awards), dated 23 June 1999, which indicates that the applicant was issued the Good Conduct Medal and the Army of Occupation Medal with Germany Clasp.  Item 9 (Medals, Decorations, and Citations) on his DA Form 24 shows he was presented the Army of Occupation Medal for Berlin in August 1963.  However, there is no evidence which shows his records were amended to show award of the Army of Occupation Medal for Berlin. 

9.  Army Regulation 600-8-22, provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  Paragraph 2-12 of this regulation states that award of the Armed Forces Expeditionary Medal was authorized for operations in Berlin during the period 14 August 1961 to 1 June 1963.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  

11.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

12.  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.  For Germany, qualifying service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.--Qualifying service for the Berlin clasp is from 9 May 1945 and 2 October 1990. -- Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

CONCLUSIONS:

1.  Based on the applicant's service in Germany from 5 July 1963 through 13 April 1965, he is not eligible for award of the Armed Forces Expeditionary Medal for Berlin.  Therefore, there is no basis for amending his records to show award of the Armed Forces Expeditionary Medal.

2.  There is no evidence available to the Board which shows that the applicant's unit in Germany, the 3rd Battalion, 6th Infantry Regiment, was cited for award of the Presidential Unit Citation.  Therefore, there is no basis for correcting his records to show award of the Presidential Unit Citation with "clusters."
3.  Evidence available to the Board shows the applicant served a period of qualifying service for award of the National Defense Service Medal.  Therefore, his DD Form 214, with an effective date of 14 April 1965, will be amended to show the National Defense Service Medal.

4.  Records show the applicant was authorized award of the Army of Occupation Medal for Berlin; therefore, he is entitled to correction of his DD Form 214, with an effective date of 14 April 1965, to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending the DD Form 214, with an effective date of 14 April 1965, of the individual concerned to show he was awarded the National Defense Service Medal and the Army of Occupation Medal for Berlin.

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

BOARD VOTE:  

RVO_____  SK______  JPI____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING
 
________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2002072034	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020718	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.