RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060011780 


	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.


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	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, 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 award of the Good Conduct Medal, the Armed Forces Expeditionary Medal for service in Berlin, and the “Maintenance and Driver Medal.”  He also requests correction of his DD Form 214 to show he reenlisted on 7 September 1961.

2.  The applicant states, in effect, that the awards are not on his DD Form 214.

3.  The applicant provides no additional documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 5 September 1964.  The application submitted in this case is dated 8 August 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the Army on 14 September 1960.  He completed basic combat training and advanced individual training and was awarded military occupational specialty number 111.00 (Light Weapons Infantryman).

4.   His DA Form 24 (Record of Service) shows he departed the continental United States (CONUS) on 3 February 1961 and arrived in Bremerhaven, Germany on 13 February 1961 for duty in Frankfurt, Germany.

5.  He was honorably discharged on 6 September 1961.  His DD Form 214 for the period ending 6 September 1961 does not show entitlement to any awards during this period.

6.  The applicant enlisted in the Regular Army on 7 September 1961 for a period of three years.  His DD Form 4 (Enlistment Record) reflects the entry “Regular Army (Reenlistment)” in item 9 (For Service In).
7.  The applicant’s personnel records contain a letter, dated 2 October 1961, from the commanding officer of Headquarters, 3rd Armored Rifle Battalion, 50th Infantry addressed to the Department of the Army, Adjutant General’s Office.  The letter requested that this particular headquarters be authorized to correct the applicant’s DD Form 4, dated 7 September 1961.  The letter indicated that due to an administrative error, item 9 on the applicant’s enlistment contract read “Regular Army (Reenlistment)” and it should have read “Regular Army (Initial Enlistment).”  In addition, the letter indicated that item 39 was omitted and it should have read “None,” verified at “Wildflecken, Germany” by “S/Evangelos Dantos, Capt 3d ARB 50th Inf.”  In response to this request, the Adjutant General’s Office granted authority to Headquarters, 3rd Armored Rifle Battalion, 50th Infantry to place an asterisk next to the entry in question and to place a notation in the remarks block, “*See HQ, DA, TAGO correspondence 3 November 1961.”  

8.  He was promoted to specialist four on 23 August 1962.  There is no record of any disciplinary actions.

9.  He departed Bremerhaven, Germany on 12 January 1963 and returned to CONUS on 14 January 1963.  There is no evidence of record which indicates he served in Berlin.  

10.  In a 22 May 1964 letter from Headquarters, Department of the Army, 
Office The Adjutant General, Washington, D.C. the applicant was awarded a retroactive award of the Good Conduct Medal under the provisions of Army Regulation 672-5-1 for the period 14 September 1960 to 13 September 1963.  

11.  The applicant received a Letter of Commendation, dated 30 November 1963, which commended him for having been selected as “DIVISION DRIVER OF THE MONTH” of the two and a half-ton truck.  

12.  The Military Awards regulation (Army Regulation 600-8-22) does not show the “Maintenance and Driver Medal” as an authorized award.  This regulation does show the Driver and Mechanic Badge as an authorized award.  

13.  The applicant was honorably released from active duty on 5 September 1964 at his expiration of term of service.  He completed 2 years, 11 months, and 29 days of creditable active service during this period and 11 months and 23 days prior active service.  

14.  Item 33 (Record of Assignments) on his DA Form 20 shows he served as a transporter crewman for 4 months; a heavy vehicle driver for 6 months; and a light truck driver for 10 months.
15.  His DD Form 214 for the period ending 5 September 1964 shows he was awarded the Parachutist Badge and a Letter of Commendation. 

16.  Item 19 (Current Active Service Other Than By Induction) on his DD Form 214 for the period ending 5 September 1964 shows his source of entry as “Enlisted” (First Enlistment).  

17.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

18.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  Qualifying service for this award includes participation in Berlin operations from 14 August 1961 to 1 June 1963.

19.  Army Regulation 600-8-22 provides, in pertinent part for award of the Driver and Mechanic Badge.  The Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  To receive this award, the individual must qualify for and possess a U.S. Government Motor Vehicles Operator’s Identification Card, occupy a duty position with the title of driver or assistant driver for a minimum of 12 consecutive months or during 8,000 miles have no Army motor vehicle accident or traffic violation recorded on the Equipment Operator’s Qualification Record, or perform satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed 3 years of honorable service from 14 September 1960 through 13 September 1963 and was promoted to specialist four.  There is no record of indiscipline and no days of lost time.

2.  The letter from Headquarters, Department of the Army, Office the Adjutant General, Washington, D.C., dated 22 May 1964, shows the applicant was awarded the Good Conduct Medal for the period 14 September 1960 through 13 September 1963.  It appears the applicant met the requirements for the first award of the Good Conduct Medal.  Therefore, it would be appropriate to amend his DD Form 214 for the period ending 5 September 1964 to show the first award of the Good Conduct Medal.

3.  There is no evidence of record which indicates the applicant served in Berlin during his assignment in Germany.  Therefore, there is insufficient evidence on which to base award of the Armed Forces Expeditionary Medal for service in Berlin in this case.  

4.  The applicant’s request for correction of his records to show the “Maintenance and Driver Medal” is noted.  However, the Military Awards regulation does not list the “Maintenance and Driver Medal” as an authorized award.  Therefore, there is no basis for recording this badge on the applicant’s DD Form 214.

5.  The evidence of record shows the applicant served as a transporter crewman, a heavy vehicle driver, and a light truck driver for over 12 months.  Therefore, it appears he has met the eligibility requirements for award of the Driver and Mechanic Badge, with Driver-W Bar.

6.  The applicant was inducted into the Army on 14 September 1960 and was discharged on 6 September 1961.  He entered active service on 7 September 1961 by enlistment.  However, his Enlistment Record was prepared to erroneously reflect that he reenlisted in the Regular Army on 7 September 1961. Since this period of service was the applicant’s initial enlistment, his DD Form 214 for the period ending 5 September 1964 properly reflects his source of entry as “Enlisted.”  Therefore, there is no basis for amending his record to show he reenlisted on 7 September 1961.

7.  The applicant served a period of qualifying service for award of the National Defense Service Medal.  Therefore, this award should be added to his DD Form 214 for the period ending 5 September 1964.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 September 1964; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 4 September 1967.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 5 September 1964 to show the first award of the Good Conduct Medal for the period of service from 14 September 1960 through 13 September 1963, the Driver and Mechanic Badge with Driver-W Bar, and the National Defense Service Medal.  

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 award of the Armed Forces Expeditionary Medal for service in Berlin, the “Maintenance and Driver Medal”, and to show he reenlisted on 7 September 1961.



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          CHAIRPERSON




INDEX

CASE ID
AR20060011780
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070327
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
Grant partial
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0000
2.
100.0000
3.

4.

5.

6.