IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160010639 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160010639 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a. awarding him the first award of the Army Good Conduct Medal for the period 16 October 1969 through 9 May 1972 and b. adding to his DD Form 214 the Army Good Conduct Medal (1st Award). 2. The Board further determined 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 adding the Army of Occupation Medal with Germany Clasp to his DD Form 214. ___________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. IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160010639 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: a. the correct spelling of his last name and b. award of the Army of Occupation Medal with Germany Clasp and Army Good Conduct Medal. 2. The applicant states: * his last name needs to be corrected to show BRU__ instead of BUR__ on his DD Form 214 * the awards are missing from his DD Form 214 3. The applicant provides: * birth certificate * marriage certificate * Wisconsin voter profile 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's DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 16 October 1969, shows his last name as BRU__. He enlisted in the Regular Army on 16 October 1969 for a period of 3 years. 3. His DA Form 20 (Enlisted Qualification Record) is not available for review. 4. Headquarters, U.S. Army Personnel Center, Special Orders Number 130, dated 9 May 1972, show: a. The applicant was released from active duty on 9 May 1972 with separation program number 21L (separation for other good and sufficient reason when determined by secretarial authority). b. His last permanent duty station was C Battery, 3rd Battalion, 61st Artillery, Germany. 5. His DD Form 214 shows: a. His last name as BUR__. b. He was honorably released from active duty on 9 May 1972 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) and Department of the Army Message 102035Z December 1971 (Early Release of Army of the United States and First Term Regular Army Personnel – Phase Down Release Programs) in the rank of specialist five after completing 2 years, 6 months, and 24 days of creditable active service with no time lost. c. He was awarded or authorized the National Defense Service Medal. 6. There is no evidence in the available records showing he served in Berlin. 7. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. His records contain no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 8. A DD Form 215 (Correction to DD Form 214), dated 18 October 1988, amended his last name to show BRU__. 9. Since his last name was corrected on his DD Form 214, this portion of his request will not be discussed further in these proceedings. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955. The Army of Occupation Medal with Germany Clasp is also authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. DISCUSSION: 1. The applicant's request for award of the Army of Occupation Medal with Germany Clasp was noted. However, there is no evidence showing he served in Berlin. Service in Berlin is a prerequisite for award of the Army of Occupation Medal with Germany Clasp during the period of the applicant’s service. 2. He completed almost 31 months of active service ending with his release from active duty on 9 May 1972. His records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 16 October 1969 through 9 May 1972. His DD Form 214 does not show this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010639 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010639 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2