IN THE CASE OF: BOARD DATE: 9 February 2016 DOCKET NUMBER: AR20150007176 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * National Defense Service Medal (NDSM) * Army of Occupation Medal * Army Commendation Medal (ARCOM) * Armed Forces Reserve Medal (AFRM) * Expert Marksmanship Qualification Badge with Rifle and Pistol Bars 2. The applicant states the requested awards are not listed on his DD Form 214. He states, in effect, he is eligible for the Army of Occupation Medal because his unit sent him to Berlin, Germany, for several days. 3. The applicant provides his DD Form 214 and a letter from the National Personnel Records Center. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was appointed as a Reserve commissioned officer on 11 June 1963 and he entered active duty on the same day. 3. His DA Form 66 (Officer Qualification Record) shows in: * item 17 (Foreign Service), he served a tour of duty in Germany beginning on 8 August 1964 * item 38 (Record of Assignments), he was assigned to Company C, 447th Signal Battalion (Army Post Office 09069, Bremerhaven, Germany), from 16 August 1964 through 29 May 1965 4. Special Orders Number 45, issued by the 447th Signal Battalion on 10 June 1965, show he qualified for the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 5. He was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 30 May 1966. He completed 2 years, 11 months, and 20 days of total active service. His DD Form 214 does not list any awards. 6. The available records do not contain any information pertaining to his USAR service. 7. His records are void of orders awarding him the ARCOM, AFRM, or the Expert Marksmanship Qualification Badge with Pistol Bar. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. b. The Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred 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. The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. c. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. d. The AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years. The conditions for award of the Armed Forces Reserve Medal include requirements for such service to be completed within 12 consecutive years. DISCUSSION AND CONCLUSIONS: 1. The applicant's records do not contain and he does not provide orders showing he was awarded the ARCOM or the Expert Marksmanship Qualification Badge with Pistol Bar. 2. There is no evidence in the available records which shows the applicant served a qualifying period of service for the first award of the AFRM. Regarding the Army of Occupation Medal, there is no evidence in the available records indicating he was assigned to the Army of Occupation of Berlin. 3. The applicant served a qualifying period for award of the NDSM. His DD Form 214 does not show this service medal. 4. Orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). This badge is not listed on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the NDSM and Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the: * Army of Occupation Medal * ARCOM * AFRM * Expert Marksmanship Qualification Badge with Pistol Bar _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150007176 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007176 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1