IN THE CASE OF: BOARD DATE: 13 July 2010 DOCKET NUMBER: AR20090021690 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his medals awarded and completion of the General Educational Development (GED) course. 2. The applicant states he feels he may be entitled to medals for which he should have been credited and he has not received. He also states there is no indication of the GED course he took in Germany. 3. The applicant provides no additional documentary evidence in support of his application. 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 military records show he was inducted into the Army of the United States on 1 December 1959. He served in Germany from 19 June 1960 to 6 February 1962 with the 630th Ordnance Company. 3. The applicant was honorably released from active duty as an overseas returnee on 15 February 1962 and he was transferred to the U.S. Army Reserve (USAR) Control Troup (Annual Training) to complete his remaining Reserve obligation. He was credited with 2 years, 2 months, and 13 days of net active service. 4. Item 10a (Highest Civilian Educational Level Obtained) of his DD Form 214 shows "10 years." 5. Item 17 (Civilian Education) of his DA Form 20 (Enlisted Qualification Record) shows that he did not complete high school. 6. The applicant's record does not contain a copy of the GED Testing Service Transcript from the GED Testing Service of the American Council on Education, Washington D.C. or a high school equivalency diploma. 7. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows "None." Item 32 (Remarks) shows two days lost time. 8. Section 9 (Medal, Decorations, and Citations) of the applicant's DA Form 24 (Service Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar. 9. Army Regulation 600-8-22 (Military Award) provides that the National Defense Service Medal 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. 10. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of Army Regulation 635-5 contained guidance on the preparation of the DD Form 214. The highest civilian education level completed, civilian schools and colleges, during the period covered by the DD Form 214 was to be entered in item 10a. DISCUSSION AND CONCLUSIONS: 1. There is no evidence of record nor did the applicant submit any evidence to show that he received a GED or high school diploma while in the Army. Therefore, there is insufficient evidence in which to change item 10a of the applicant's DD Form 214. 2. The applicant served a period of honorable active service during a qualifying period for award of the National Defense Service Medal. Therefore, he is entitled to the National Defense Service Medal and correction of his DD Form 214 to show this service medal. 3. Evidence of record shows that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar. Therefore, he is entitled to correction of his DD Form 214 to show this qualification badge. 4. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below. 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 item 26 of his DD Form 214 the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar. 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 correcting his DD Form 214 to show receipt of a GED. ___________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) AR20090021690 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1