PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 August 2003     
	DOCKET NUMBER:   AR2003086798

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Regan K. Smith		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, that he be awarded the Army Good Conduct Medal, the Korea Defense Service Medal, the National Defense Service Medal, and the Army of Occupation Medal.  The portion of the applicant's request pertaining to award of the Korea Defense Service Medal has been addressed by separate correspondence and will not be discussed further in these Proceedings.

3.  The applicant states that he knows that in his 9 years of service he should have received the above-mentioned awards.

4.  The applicant’s military records show that he enlisted in the Regular Army on 25 October 1954.  

5.  Section 5 (Service Outside Continental United States) of the applicant's DA Form 24 (Service Record) shows he arrived in Germany on 21 April 1955 and departed on 4 September 1956.  (Section 4 (Chronological Record of Military Service) shows he was assigned to Company B, 61st Tank Battalion, Army Post Office (APO) 35 on 26 April 1955).  Section 5 shows he arrived in Korea on        15 April 1957 and departed on 9 July 1958.  

6.  Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form    24 shows he was awarded the Army of Occupation Medal with Germany clasp.

7.  Section 4 of the applicant's DA Form 24 shows he received a "good" conduct rating and a "good" efficiency rating on 31 May 1956 while with Company B, 61st Tank Battalion, Germany.  He received an "excellent" conduct rating and a "good" efficiency rating on 2 September 1956 while with the same unit.  The rest of his conduct and efficiency ratings were "excellent."

8.  On 1 October 1963, the applicant was honorably discharged upon the expiration of his term of service.  His DD Form 214 for the period ending             1 October 1963 shows he was awarded two marksman qualification badges and a letter of commendation.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

10.  Army Regulation 600-8-2 is the current regulation that provides Army policy and criteria concerning individual military decorations.  It states that the 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 24 August 1974, both dates inclusive, between 2 August 1990 and 30 November 1995, both dates inclusive, and between 11 September 2001 to a date to be determined.  

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service in Germany of 30 consecutive days at a normal post of duty between 9 May 1945 and 5 May 1955.  Qualifying service for the Berlin is between 9 May 1945 and 2 October 1990.  Qualifying service for Korea is between 3 September 1945 and 29 June 1949, inclusive.

12.  Research revealed that APO 35 in 1955 was in Neu Ulm, Germany.

CONCLUSIONS:

1.  The applicant's DA Form 24 shows that he received a "good" efficiency rating on 2 September 1956.  That disqualified him for award of the Army Good Conduct Medal for the period 24 October 1954 – 2 September 1956.

2.  After 2 September 1956, the applicant's conduct and efficiency had been rated as "excellent."  There is no other evidence of record available that would have disqualified him for award of the Army Good Conduct Medal.  Therefore, the Board concludes that he should be awarded the Army Good Conduct Medal for the period 3 September 1956 through 2 September 1959 and for the period    3 September 1959 through 2 September 1962.

3.  The evidence of record shows the applicant met the second eligibility period criteria (honorable service between 1 January 1961 and 24 August 1974) for award of the National Defense Service Medal.  This award should be added to his DD Form 214.

4.  Although section 9 of the applicant's DA Form 24 shows he was awarded the Army of Occupation Medal with Germany clasp, the Board concludes that he did not meet the eligibility criteria for that award.  Section 5 of his DA Form 24 shows he arrived in Germany on 21 April 1955.  Research indicated he was assigned to Neu Ulm, not Berlin.  Eligibility for award of the Army of Occupation Medal with Germany clasp requires 30 consecutive days of service at a normal post of duty between 9 May 1945 and 5 May 1955.  Since the applicant did not arrive in Germany until 21 April 1955, he could not have served 30 days in Germany prior to the ending date of the qualifying period for the Germany clasp.

5.  The Board concludes that the applicant did not meet the eligibility criteria for award of the Army of Occupation Medal for service in Korea.  He did not arrive in Korea until 15 April 1957.  Qualifying service for the award for Korea ended on 29 June 1949.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the first award of the Army Good Conduct Medal for the period 3 September 1956 through 2 September 1959 and the second award of the Army Good Conduct Medal for the period 3 September 1959 through 2 September 1962.

2.  That the applicant's DD Form 214 for the period ending 1 October 1963 be amended to add two awards of the Army Good Conduct Medal and the National Defense Service Medal.

3.  That so much of the application as pertains to the Army of Occupation Medal be denied.

BOARD VOTE:  

__jns___  __rwa___  __rks___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR2003086798	
SUFFIX		
RECON		
DATE BOARDED	20030821	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0056	
2.	107.0067	
3.	107.0069	
4.		
5.		
6.