MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                       20 July 2000
	DOCKET NUMBER:              AR1999031722

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he served 2 years of total service, instead of 1 year, 11 months and 28 days and that he be awarded all awards and decorations to which he is entitled.

APPLICANT STATES:  In effect, that his active service was from 10 August 1954 to 7 August 1956 and that he was discharged 3 days early, short of 2 years and that his DD Form 214 shows “early release overseas returnee”.  He also states that he arrived in Germany in April 1955 and served 1½ years.  He further states that his unit was considered occupation troops until May 1955 which was the date the Germans regained their independence and the date they became North Atlantic Treaty Organization (NATO) troops.  He goes on to state that while in Germany he was informed that he was eligible for the Army of Occupation Medal with Germany Clasp and the NATO Medal, which he never received.

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 10 August 1954 as a carrier equipment repairman.  He served in Germany for 1 year, 3 months and 23 days and was honorably discharged under the provisions of Army Regulation 635-205, paragraph 7, for early release of overseas returnee on 7 August 1956. 

The applicant’s DD Form 214, which was authenticated in his own hand, does not show 2 years of total active service.  Item 24 (Statement of Service) of the applicant’s DD Form 214 shows that he served 1 year, 3 months and 23 days of total service.

Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Register, dated 6 July 1961, shows the applicant’s unit
(Wire Operations Company, 97th Signal Battalion) did not receive occupation credit for service in Germany.

There is no evidence in the available records that he served under NATO command or operational control in direct support of NATO operations while serving in Germany.

Army Regulation 635-205, in effect, at the time, set forth the basic authority for the separation of enlisted personnel for the convenience of the Government.
Paragraph 7, in pertinent part, stated that commanders were authorized to order the separation of overseas returnees with less than 3 months remaining to serve.

Army Regulation 635-5 (Personnel Separations) establishes the standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, that the amount of service entered in item 24 will be computed by subtracting the beginning date of enlistment from the separation date.

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 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.

Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, will show whether or not a World War II unit was authorized occupation credit, thus entitlement to the Army of Occupation Medal.

The United Nations Medal was authorized by the Secretary General of the North Atlantic Treaty Organization (NATO) for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by United States service members who meet the criteria specified by the Secretary General of NATO.  Acceptance of the NATO Medal has been approved for U.S. military personnel who serve under NATO command or operational control in direct support of NATO operations.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant was properly discharged in accordance with applicable regulations with no indication of procedural errors which would jeopardize his rights.

2.  Evidence of record shows he was inducted on 10 August 1954 and was separated on 7 August 1956.  His total service computed is 1 year, 11 months and 28 days.  Therefore, item 24 of the applicant’s DD Form 214 is correct as currently constituted.

3.  The Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Register shows the applicant’s unit did not receive occupation credit for qualifying service in Germany.  Therefore, he is not entitled to the award of the Army of Occupation Medal with Germany Clasp.

4.  There is no evidence the applicant served under NATO command or operational control in direct support of NATO operations while serving in Germany.  There is no evidence, and the applicant has provided no evidence, to show that he met the criteria for award of the NATO Medal.  Therefore, he is not entitled to award of the NATO Medal for his service in Germany.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

SAC____  AMC____  KLW____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999031722	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000720	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19560807	
DISCHARGE AUTHORITY	AR .635-205/250  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.  106		
3.  132		
4.		
5.		
6.