PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            31 JULY 2003                  
	DOCKET NUMBER:   AR2003086887

	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:

	Ms. Gail J. Wire		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Robert L. Duecaster		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 his records be corrected to reflect entitlement to appropriate awards and decorations based on his military service.  He notes that his separation document does not reflect entitlement to any awards or decorations.  He specifically cites his entitlement to the Armed Forces Expeditionary Medal based on the Berlin Crisis, and states that he was not aware that he was entitled to the decoration until he received the award after it was authorized by officials at the National Personnel Records Center in St. Louis in 2000.  In support of his request he submits a copy of a Department of the Army Form 1577 (Authorization for Issuance of Awards).

3.  Records available to the Board indicate that the applicant entered active duty on 16 January 1961.  He qualified as a marksman with the rifle (M-14) and was awarded the associated badge and component bar.  That information, however, was omitted from his separation document.

4.  In June 1961 the applicant arrived in Bremerhaven, Germany and was assigned to the 1st Howitzer Battalion of the 22nd Artillery where he was promoted to pay grade E-3 in September 1961.  The 22nd Artillery was located in Zirndorf, Germany.  Zirndorf is located in southern Germany, southeast of Frankfurt and east of Nuremberg.

5.  In February 1962 he was reduced to pay grade E-2 as a result of misconduct. The extent of his misconduct was not in records available to the Board.  However, in spite of the single incident of misconduct, the applicant received excellent conduct and efficiency ratings throughout his military service and was promoted to pay grade E-3 again in April 1962, less than 3 months after being reduced.

6.  In December 1962 the applicant returned to the United States and on 
31 December 1962 he was released from active duty with an honorable characterization of service in pay grade E-3.  His separation document does not reflect entitlement to any awards or decorations.

7.  Army Regulation 600-8-22 states that the Armed Forces Expeditionary Medal was established in 1961 and is authorized for designated United States military operations, United States operations in direct support of the Untied Nations, and United States operations of assistance for friendly foreign nations.  Individuals must be a bona fide member of a unit and engaged in the operation or have served not less than 30 consecutive days in the area of operations.  The Armed Forces Expeditionary Medal was authorized for operations in Berlin between 
14 August 1961 and 1 June 1963.  It is unclear from documents contained in the applicant's file if he served in Berlin, or actively participated in the Berlin Crisis.

8.  Army Regulation 600-8-22 also states that the National Defense Service Medal is authorized for honorable active duty service between 1 January 1961 and 14 August 1974.

9.  Army Regulation 600-8-22 also provides that the Army 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 Army 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.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal.  His conduct and efficiency ratings throughout his military service were excellent.

CONCLUSIONS:

1.  Although the applicant may have been authorized issuance of the Armed Forces Expeditionary Medal, there is no evidence that he was stationed in, or actively participated in the Berlin Crisis.  In the absence of such evidence, the Board cannot confirm entitlement to that decoration.  Unfortunately, the fact that the applicant may have been authorized issuance of the award does not serve as a basis to confirm his entitlement to the award.

2.  The evidence does, however, confirm that he qualified as a marksman with the rifle (M-14) and was awarded the associated badge and component bar.  His records should be corrected accordingly.

3.  The Board notes that the applicant is also entitled to the National Defense Service Medal.

4.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 31 December 1962.  Although the applicant may have been involved in an incident of misconduct which resulted in his reduction from pay grade E-3 to pay grade E-2, the Board notes that within 3 months he was again promoted to pay grade E-3 and consistently received excellent conduct and efficiency ratings throughout his military service.  In view the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 16 January 1961 through
31 December 1962.

5.  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:

a.  by showing that he qualified as a marksman with the rifle (M-14) and was awarded the associated badge and component bar; 

b.  by showing that he is entitled to the National Defense Service Medal; and
c.  by awarding him the Army Good Conduct Medal for the period 
16 January 1961 through 31 December 1962.

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

BOARD VOTE:  

__GJW__  __KAH __  ___RLD _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____   Gail J. Wire_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003086887	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030731	
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.		
3.		
4.		
5.		
6.