IN THE CASE OF:	  

		BOARD DATE:	  13 NOVEMBER 2008

		DOCKET NUMBER:  AR20080015539 


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, in effect, correction of his records and the records of seven other former Soldiers (i.e., sergeants) to show proper recognition with appropriate awards and decorations.

 2.  The applicant states, in effect, he and the former Soldiers performed Top Secret missions and specialized training with distinction and exemplary conduct while assigned to various units.

     a.  The applicant states that comprehensive supporting evidence has been submitted to the Army Support Agency, St. Louis, Missouri; the former The Adjutant General of the Army; and Chief, Military Awards Branch, U.S. Army Human Resources Command, Alexandria, Virginia; however, the evidence submitted was ignored.

     b.  The applicant states that the recommendations by general officers noted arduous tasks by the 10 - 12-man team; minimal support under hostile/combat conditions; maximum expectations from Special Forces; adversity confronted and successfully resolved by the Team Leader; saving indigenous peoples’ lives from brutal militants and terrorists by treating wounds inflicted by the enemy and medically diagnosing and treating disease; and other civic actions by Special Forces personnel over the course of 7 years and 6 months in the Far East and
1 year and 4 months in the Panama Canal Zone.


     c.  The applicant notes that the Deputy Chief of Staff for Personnel, G-1, U.S. Army Special Operations Command, Fort Bragg, North Carolina, acknowledged there has been a failure to properly process requests for awards by the administrative staff of Members of Congress in Washington, District of Columbia. 

     d.  The applicant concludes by stating that “Public Law 104-106 provisions state that all personnel should receive and be given deserving recognition for their deeds of valor and outstanding distinctions (exemplary performance of duty/missions executed) achieved.”

3.  The applicant provides 2 DD Forms 149 (Applications for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated
20 January 2008 and 7 December 2006, and a self-authored statement, dated
22 May 2008, which were summarized above.

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 states, in pertinent part, former Soldiers of his Team performed Top Secret missions and specialized training with distinction and exemplary conduct while assigned to various units, but they were not properly recognized for their service.  The former Soldiers are not identified by name, nor is there evidence that award recommendations were submitted into official channels and/or forwarded to Headquarters, U.S. Army Human Resources Command, Military Awards Branch, Alexandria, Virginia, for consideration.  Therefore, the applicant’s request for awards pertaining to the former Soldiers will not be discussed further in this Record of Proceedings.

3.  The applicant’s military service records contain a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) that shows he enlisted in the Army Air Corps on 29 July 1942, held military occupational specialty (MOS) 611 (Aerial Gunner), and was honorably discharged on
23 January 1946.  Item 33 (Decorations and Citations) shows he was awarded the Good Conduct Medal, American Campaign Medal, and World War II Victory Medal.  Item 34 (Wounds Received In Action) contains the entry “None.”  At the time of his discharge, the applicant was credited with completing 3 years,
5 months, and 25 days continental service; 0 years, 0 months, and 0 days foreign service; and 3 years, 5 months, and 25 days longevity for pay purposes.

4.  The applicant’s military service records contain a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) that shows he enlisted in the Army Air Corps on 24 January 1946, held MOS 611 (Aerial Gunner), and was honorably discharged on 30 June 1947.  Item 33 (Decorations and Citations) contains the entry “None - present enlistment.”  Item 34 (Wounds Received In Action) contains the entry “None - present enlistment.”  At the time of his discharge, the applicant was credited with completing 1 year, 5 months, and
7 days continental service; 0 years, 0 months, and 0 days foreign service;
3 years, 5 months, and 25 days prior service; and 4 years 11 months, and 2 days longevity for pay purposes.

5.  The applicant’s military service records contain a DD Form 214 (Report of Separation from the Armed Forces of the United States) that shows the applicant reenlisted for a period of 3 years in the U.S. Air Force on 1 July 1947, held MOS 826 (Supply Clerk), and was honorably discharged on 30 June 1950.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) contains the entry “None.”  Item 29 (Wounds Received As A Result Of Action With Enemy Forces) contains the entry “None.” At the time of his discharge, the applicant was credited with completing 3 years, 0 months, and 0 days net service completed for pay purposes this period;
0 years, 0 months, and 0 days foreign service; 4 years, 11 months, and 2 days other service completed for pay purposes; and 7 years, 11 months, and 2 days total net service completed for pay purposes.

6.  The applicant’s military service records contain a DD Form 214 (Report of Separation from the Armed Forces of the United States) that shows the applicant reenlisted for a period of 6 years in the U.S. Air Force on 1 July 1950, held MOS 64151 (Supply Clerk), and was honorably discharged on 31 December 1951. Item 9 (Place of Separation) shows he was separated at Albrook Air Force Base, Canal Zone.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) contains the entry “Not applicable.”  Item 29 (Wounds Received As A Result Of Action With Enemy Forces) contains the entry “Not Applicable.”  At the time of his discharge, the applicant was credited with completing 1 year, 6 months, and 1 day net service completed for pay purposes this period; 1 year, 3 months, and 21 days foreign service; 7 years, 11 months, and 2 days other service completed for pay purposes; and 9 years, 5 months, and 3 days total net service completed for pay purposes.

7.  The applicant’s military service records contain a DD Form 214 (Report of Separation from the Armed Forces of the United States) that shows the applicant enlisted for a period of 2 years in the Regular Army on 1 January 1952 at Fort Amador, Canal Zone; held MOS 1745 (Infantryman); and was honorably discharged on 13 August 1952.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) contains the entry “None.”  Item 29 (Wounds Received As A Result Of Action With Enemy Forces) contains the entry “None.”  At the time of his discharge, the applicant was credited with completing 0 years, 7 months, and 13 days net service completed for pay purposes this period; 0 years, 0 months, and 29 days foreign service; 9 years, 5 months, and 3 days other service completed for pay purposes; and 10 years, 0 months, and 16 days total net service completed for pay purposes.

8.  The applicant’s military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows the applicant was appointed and entered active duty in the grade of second lieutenant on 14 August 1952; held MOS 31542 (Special Forces Officer); and was honorably retired on 31 January 1964.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Korean Service Medal, Armed Forces Expeditionary Medal, Armed Forces Reserve Medal, Combat Infantryman Badge, Master Parachutist Badge, Ranger Tab, and United Nations Service Medal.  Item 27 (Wounds Received As A Result Of Action With Enemy Forces) contains the entry “None.”  At the time he retired, the applicant was credited with completing 11 years, 5 months, and 17 days net service this period; 10 years, 0 months, and 15 days other service; 21 years, 6 months, and 2 days total service; 20 years,
0 months, and 5 days total active service; and 7 years, 5 months, and 18 days foreign service.
 
9.  Incorporated herein by reference are military records that were summarized by the ABCMR, on 18 September 1996, in consideration of the applicant's request for awards

10.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Special Operations Command (USASOC), Fort Bragg, North Carolina, memorandum, dated 16 July 1999.  This document shows that the Deputy Chief of Staff for Personnel (USASOC) informed the applicant that there were no awards pending for the applicant or his team in the Military Awards Branch, U.S. Total Army Personnel Command (PERSCOM), nor any record of unit awards pending in the Military Awards Branch (PERSCOM).

11.  The applicant’s military service records contain a copy of Headquarters, U.S. Total Army PERSCOM, Alexandria, Virginia, memorandum, dated 4 October 2000.  This document shows, in pertinent part, The Adjutant General of the Army informed Major General Richard D. M_____, U.S. Air Force (Retired) that numerous award recommendations were forwarded to the Army Decorations Board on behalf of the applicant pertaining to both individual and unit awards, which resulted in the applicant being awarded the Army Commendation Medal (2nd Oak Leaf Cluster) and Army Commendation Medal with “V” Device for Valor (3rd Oak Leaf Cluster) for his service during the Vietnam Conflict.

12.  Incorporated herein by reference are military records that were summarized by the ABCMR in Docket Number AR2000042154, on 15 March 2001, in consideration of the applicant's request for awards.

13.  The applicant’s military service records contain 3 DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated
28 August 2000, 2 July 2001, and 16 July 2004, that corrected the applicant’s
DD Form 214, with an effective date of 31 January 1964.  These documents show that Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) was corrected to show the applicant was awarded the Bronze Star Medal, Air Medal with Numeral “2”, Army Commendation Medal with “V” Device (3rd Oak Leaf Cluster), Army Good Conduct Medal (2nd Award), National Defense Service Medal with bronze star, Korean Service Medal, Armed Forces Expeditionary Medal, Armed Forces Reserve Medal, Combat Infantryman Badge, Master Parachutist Badge, Ranger Tab, Aerial Gunner Badge, Expert Marksmanship Qualification Badge with Rifle, Pistol, Carbine and Machine Gun Bars, United Nations Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Korean Defense Service Medal.  

14.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Human Resources Command, Alexandria, Virginia, memorandum, dated 22 September 2006.  This document shows the Chief, Military Awards Branch, informed the applicant of decisions rendered by the Army Decorations Board and the ABCMR with respect to his requests for individual and unit awards.

15.  It is not clear from the applicant’s requests the specific individual and unit awards the applicant seeks.  In addition, the applicant’s military service records are absent any evidence that a recommendation for an award of a military decoration was entered administratively into military channels within 2 years of the act, achievement, or service to be honored and that it was not acted upon.

16.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

     a.  Paragraph 1-14 (Time limitation) provides that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. Submission into military channels is defined as “signed by the initiating official and endorsed by a higher official in the chain of command.”  To be fully effective, an award must be timely and undue delay in submitting a recommendation may preclude its consideration.  It is highly desirable that a recommendation be placed in military channels and acted upon as quickly as possible.  However, if circumstances preclude submission of a completely documented award recommendation, it is best to submit it as soon as possible and note that additional data will be submitted later.  However, to ensure prompt recognition, interim awards should be considered and are encouraged.

     b.  Paragraph 1-16 (Reconsideration/Appeal of disapproved or downgraded award recommendations) provides that a request for reconsideration or the appeal of a disapproved or downgraded award recommendation must be placed in official channels within 1 year from the date of the awarding authority’s decision.  One-time reconsideration by the award approval authority will be conclusive.  However, pursuant to Title 10, United States Code (USC), section 1130, a member of Congress can request a review of a proposal for the award or presentation of a decoration (or the upgrading of a decoration ) that is not authorized to be presented or awarded due to time limitations established by law or policy for timely submission of a recommendation.

17.  Title 10, USC, section 1130 (10 USC 1130), as incorporated from Public Law 104-106 (National Defense Authorization Action for Fiscal Year 1996), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or upgrading of a decoration) either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

18.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that 
the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show proper recognition with awards and decorations because he participated in Top Secret missions and specialized training with distinction and exemplary conduct while assigned to various units.  However, he provides insufficient evidence in support of his claim.

2.  There is no evidence of record that shows a recommendation for an award of a military decoration was entered administratively into military channels within
2 years of the act, achievement, or service to be honored and that it was not acted upon.  There is also no evidence of record, and the applicant provides insufficient evidence, to show he was recommended for additional individual awards and decorations, or that units to which he was assigned/attached were awarded any additional unit awards that are not currently recorded in his military service records.  Thus, in view of the foregoing, there is insufficient evidence to support the applicant’s claim to any additional individual awards and decorations or unit awards.

3.  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.

4.  While the available evidence is insufficient for awarding the applicant any additional individual awards, or approving any additional unit awards, this in no way affects the applicant’s right to pursue his claim for awards by submitting his request(s) through a Member of Congress under the provisions of 10 USC 1130.

5.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _ 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)                                         AR20080015539



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ABCMR Record of Proceedings (cont)                                         AR20080015539



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