RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:   18 December 2007	  
	DOCKET NUMBER:  AR20070010894 


	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, in effect, that Army schools and training he completed be included on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.  In an amendment to his application, the applicant requests that his awards be reviewed and that he be awarded those which he is entitled to.

2.  The applicant states, in effect, that the record regarding his Army schools and training should be corrected because he did indeed attend Army schools and training that are not listed on his DD Form 214.  He states he graduated from a heavy weapons course and an artillery course and these are not listed.  In addition, he would like all references to a special court-martial order, dated 17 December 1964, which belongs to another Soldier with the same last name as his own, to be expunged from his service record.  He adds that he does not want to be confused with a Soldier who was court-martialed.  He is afraid that after he dies there will be a problem and he will still be confused with a bad Soldier.

3.  In support of his request, the applicant submitted a copy of his DD Form 214 and a copy of the court-martial order which he believes, is filed in his service record.

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 that he was inducted into the Army of the United States, on 3 September 1963.  Item 18, of the applicant's DD Form 214, shows the terminal date for the completion of his Reserve obligation was established as 2 September 1969.

3.  The applicant was honorably released from active duty, on 4 August 1965, and was transferred to the US Army Reserve (USAR) in the rank/pay grade, Specialist Four/E-4, under the provisions of Army Regulation (AR) 635-205, paragraph 7.  A separation program number "411" (Early Separation of Overseas Returnee) was applied to his DD Form 214.  On the date of his release from active duty, the applicant had completed 1 year, 11 months, and 1 day active military service, with no time lost.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  No other awards are shown.

5.  The applicant provided a copy of Special Court Martial Orders Number 68, prepared by Headquarters, 1st Cavalry Division Artillery, dated 17 December 1964.  The order pertains to a special court-martial conviction of another Soldier with the same last name and suffix as that of the applicant.  The applicant's first name and middle initial are:  D***** W.  The applicant's name is followed by a suffix, "Jr."  The convicted Soldier's first name and middle name are:  J**** (No middle name).  This Soldier's name is also followed by the suffix, "Jr."  As part of the approved sentence, the convicted Soldier, a Private, E-2, was reduced to the rank and pay grade, Private, E-1.

6.  Item 12 (Last Duty Assignment and Major Command), of the applicant's DD Form 214, shows he was assigned to Headquarters Battery, 1st Cavalry Division Artillery, Eighth US Army [in Korea].

7.  Item 24.c. (Foreign and/or Sea Service), of the applicant's DD Form 214, shows he was assigned in USARPAC (US Army Pacific) for 1 year and 2 days.

8.  Item 29 (Foreign Service), of the applicant's DA Form 20, Enlisted Qualification Record, shows the applicant was assigned in Korea from 31 August 1964 through 2 August 1965.

9.  Section 1 (Appointments, Promotions and Reductions), of the applicant's DA Form 24, Service Record, shows he was promoted from Private, E-1, to Specialist Four, E-4, with no evidence of his having sustained a reduction in rank, or pay grade, for any reason.

10.  Section 2 (Chronological Record of Military Service), of the applicant's DA Form 24, shows he consistently had "excellent" conduct and efficiency ratings.

11.  Special Orders Number 278, paragraph 117, US Army Training Center, Infantry, Fort Dix, New Jersey, show the applicant was assigned to the 4th Infantry Division, Fort Lewis, Washington, for on-the-job training in the MOS (military occupational specialty) 140.00 (Field Artillery Basic).

12.  Special Orders Number 150, paragraph 1, Headquarters, 4th Infantry Division, Fort Lewis, Washington, show the applicant was awarded the MOS 153.00 (Artillery Surveyor).  Item 25a (Specialty Number and Title), of the applicant's DD Form 214, shows the numerical designation of this MOS was changed to 82C and he held this MOS on his release from active duty.

13.  Item 26 (Military Education), of the applicant's DA Form 20, shows he completed no formal training or school courses while he served on active duty. The applicant provided no school course completion certificates or diplomas to support his contention he completed Army schools and these should be listed on his DD Form 214.

14.  AR 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

15.  AR 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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

16.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions and the criteria for award of the Korea Defense Service Medal.  This message provides for award of the Korea Defense Service Medal to Soldiers as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the 

contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

17.  The implementing message for award of the Korea Defense Service Medal authorized its award to a who Soldier met one or more of the following criteria:  a)  be engaged in actual combat during an armed engagement, regardless of the time in the area of eligibility;  b) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility;  c) participated in, as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in support of military operations; or  d) served in operations and exercises conducted in the area of eligibility as long as the basic time criteria was met.  The message further provided that, because of the extensive time period for eligibility for award of the Korea Defense Service Medal, the non-consecutive service period for eligibility remains cumulative throughout the entire period.

18.  AR 635-5, in effect at the time of the applicant's release from active duty, prescribed policies and procedures regarding separation documents and entries, which were to be made in Item 28 (Service Schools or Colleges, College Training Courses and/or Post-graduate Courses Successfully Completed), of the DD Form 214.  The instructions were as follows: "Enter service schools, including dates and major courses which were successfully completed.  This entry also includes military-sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared."

DISCUSSION AND CONCLUSIONS:

1.  The court-martial order in the applicant's service personnel record was apparently misfiled.  The first names are significantly different, even though these two individuals share a same last name and suffix, "H******" and "Jr."  The copy of Special Court Martial Orders Number 68, and any and all documents related to the other person's conviction, now filed in the applicant's service personnel record, will be expunged from his record.

2.  There is no evidence in the applicant's service personnel record, and he provided none, to show he completed any Army school courses or training in other than an on-the-job training mode.  He is therefore not entitled to correction to Item 28, of his DD Form 214, to add any Army school courses or training.

3.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight, and perhaps some discrimination based on the erroneously filed court-martial order, rather than something he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 3 September 1963 through 4 August 1965.

4.  The applicant served honorably on active duty during one of the recognized periods for award of the National Defense Service Medal.  He is therefore entitled to award of the National Defense Service Medal and to have this award added to his DD Form 214.

5.  The evidence shows the applicant served in the Republic of Korea during the qualifying period and met the criteria for award of the Korea Defense Service Medal. He is therefore entitled to this award and to have it added to 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:

	a.  expunging any and all reference to Special Court Martial Orders Number 68 and related documents, which may be present in the applicant's service personnel records;

	b.  awarding the applicant the Good Conduct Medal for the period 3 September 1963 through 4 August 1965 and adding this award to his DD Form 214; and

	c.  awarding the applicant the National Defense Service Medal and the Korea 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 the correction of Item 28, of the applicant's DD Form 214, to list any of the military training courses he allegedly completed while he served on active duty.




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          CHAIRPERSON



INDEX

CASE ID
AR20070010894
SUFFIX

RECON

DATE BOARDED
20071218
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.
100.0700
3.
107.0000
4.

5.

6.