DOCKET NUMBER:  AR20080019864 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 21 June 1954 to show that he held the rank of staff sergeant and primary military occupational specialty (MOS) of Supply Sergeant (1821) at the time of his discharge.  The applicant also requests correction of his DD Form 214 to show award of the Army of Occupation Medal and the Expert Marksmanship Badge with Rifle Bar and Carbine Bar.  The applicant further requests correction of his DD Form 214 to show his cumulative overseas service, to include that which was accomplished during a previous period of active duty.

2.  The applicant states that his DD Form 214 covering the period of August 1948 through July 1951 was burned during a fire in 1973.  Through handwritten annotations on his DD Form 214 for the period ending 21 June 1954, the applicant indicates, in effect, that the form should show he received the Army of Occupation Medal, the Good Conduct Medal, the National Defense Service Medal, and the Expert Marksmanship Badge with Rifle Bar and Carbine Bar.  The applicant further indicates that his specialty number should show that he was a Supply Sergeant (1821) at the time of his separation.

3.  The applicant provides copies of two self-authored letters, a DD Form 214, a WD AGO Form 20 (Soldier's Qualification Card), a National Archives (NA) Form 13038 (United States of America Certification of Military Service), a Veterans Administration Form 9-360 (National Service Live insurance Certificate), two W-2 Forms (Withholding Statement), General Orders awarding the Good Conduct Medal, Letter Orders for attendance of the Unit Supply Noncommissioned Officer (NCO) Course, three temporary duty (TDY) orders, three leave orders, two letters of commendation, three news articles, seven photographs, a DD Form 2A (Armed Forces of the United States Identification Card), a duty rail ticket, a European Command Vehicle Operator's License, a redeployment order, a form letter, and a congressional inquiry as documentary evidence in support of this 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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's DD Form 214 rendered for the period of 15 July 1951 through 21 June 1954, an NA Form 13038, and the aforementioned documents provided by the applicant.

3.  The applicant's DD Form 214 shows he reenlisted in the Regular Army in the city of Bamberg, Germany, on 15 July 1951 following his completion of 2 years, 10 months and 21 days of service.  Item 5 (Qualifications - Specialty Number or Symbol) of this form contains the entry "NA" [Not applicable] and does not indicate the applicant's MOS or his specialty number; however, Item 4 shows that he was assigned to the Infantry branch.  The form also shows that the applicant held the rank of private first class (PFC) at the time of his reenlistment and that he held the rank of sergeant (SGT) on the date of his separation.  His most significant duty assignment during this period of active duty was to Company D of the 26th Infantry Regiment in the 1st Infantry Division.  The applicant was honorably discharged on 21 June 1954, after completing a total of 2 years, 11 months, and 7 days of active military service during this enlistment.
4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he received the National Defense Service Medal and the Good Conduct Medal.  There is no indication of receipt of either the Army of Occupation Medal or the Expert Marksmanship Badge with Rifle Bar and Carbine Bar annotated on this form.  Item 30 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) of this form shows the applicant successfully completed the Unit Supply NCO (Noncommissioned Officer) course 21 January 1953.

5.  Item 27 (Classification in Military Specialties Designation) and Item 28 (Remarks) of the applicant's WD AGO Form 20 shows the applicant was initially assigned MOS 1617 (Heavy Mortar Crewman) and subsequently reclassified into MOS 4812 (Heavy Weapons Infantryman).  Item 32 (Qualification in Arms) shows the applicant qualified as a Marksman with the M-1 Rifle on 23 October 1948.  This Item also shows the applicant qualified as an Expert Marksman with the Carbine on 31 January 1951.

6.  The applicant provides Headquarters, 26th Infantry Regiment, General Orders Number 21, dated 13 December 1951, which awarded him the Good Conduct Medal for demonstrating fidelity through faithful and exact performance of duty, efficiency through capacity to produce desired results and for behaving in such a manner as to deserve emulation.

7.  The applicant provides a black and white photocopy of a photograph of two women and three men.  Through handwritten annotations in the margins of the photocopy, the applicant has indicated that the photograph was taken during a wedding at a courthouse located in Bamberg, Germany, on 5 September 1953.  The applicant also identified one of the men as himself and indicated that he is wearing the rank insignia of a staff sergeant on his left sleeve [the rank insignia was comprised of three chevrons with one rocker below] and two ribbons showing award of the Good Conduct Medal and the Army of Occupation Medal.

8.  The applicant provides Headquarters, Seventh Army, Redeployment Orders 5S70, dated 19 May 1954, which redeployed him from the European theater to the United States and reassigned him to a Transfer Station for the purpose of being released from military service.  These orders show the applicant possessed the rank of SGT and MOS of 1812 (Heavy Weapons Infantry Leader).
These orders also indicated the applicant had spent 3 years assigned to the Infantry arm.


9.  The applicant's NA Form 13038, dated 2 April 1998, certifies that he was a member of the Regular Army from 15 July 1951 to 21 June 1954.  This form also shows the applicant held the rank of SGT at the time of his honorable discharge.
This form further shows the applicant had a prior period of active service from 25 August 1948 to 14 July 1951 and that he held the rank of PFC at the time of his honorable discharge.

10.  The applicant provides a Congressional Inquiry showing that he requested assistance from a United States Senator with obtaining his military records.  The Director of the National Personnel Records Center informed the Senator that the requested record was not located in their files.  He also informed the Senator that if the record was there on 12 July 1973, it would have been in the area that suffered the most damage in the fire on that date and may have been destroyed.
The Director provided the Senator copies of the applicant's DD Form 214 and NA Form 13038 which he had obtained from another records source.

11.  The applicant provides an article, written by someone bearing his name, which was published in the September 2000 issue of the "Blue Spader Newsletter."  This article focuses on the accomplishments of the 26th Infantry Regiment's competitive marksmanship team in general and those of the applicant in particular.  In pertinent part, the article reads:  "After the team was disbanded because of the Korean War, [the applicant] went to Supply School and despite a freeze on many promotions, went from PFC to staff sergeant in two years."

12.  The applicant also provides copies of a Veterans Administration Form 9-360, two W-2 Forms, letter orders for attendance of the Unit Supply NCO Course, three TDY orders, three leave orders, two letters of commendation, three news articles, seven photographs, a DD Form 2A, a duty rail ticket, and a European Command Vehicle Operator's License.  These documents were dated between 2 September 1948 and 3 December 1957 and essentially show that the applicant was an active duty Soldier assigned to the 26th Infantry Regiment based in Germany.  These documents also show that he was a member of the regiment's competitive marksmanship team which traveled frequently throughout Europe in order to compete.  In these documents, the applicant is identified as a PFC, Corporal (CPL), or SGT.  None of these documents identify the applicant as a staff sergeant.

13.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location while assigned to the Army of Occupation.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows World War II units that are authorized occupation credit and therefore, entitlement to the Army of Occupation Medal.  This publication shows the applicant's unit of assignment received occupation credit for Germany during the period of 2 May 1945 through 31 October 1945.

15.  The Good Conduct Medal was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953.  It is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

16.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

17.  Special Regulation 600-60-1 (Personnel Insignia), dated 26 October 1951 and Army Regulation 670-5, dated 17 December 1956 provided guidance on personnel insignia of grade.  The insignia of grade for SGT was three chevrons with one rocker below.  These publications further show that the rank of staff sergeant did not exist at the time.  The Enlisted Grade Structure of the Army for the period 21 January 1951 to 30 June 1955, 1 July 1955 to 31 May 1958, and 1 June 1958 to present listed pay grade E-5 as SGT.  The rank of staff sergeant/pay grade E-6 was not listed until 1 June 1958.  


18.  Special Regulation 615-360-1 (Enlisted Personnel - Separation of Enlisted Personnel), dated 24 June 1954, provided the procedures to be followed in the separation of enlisted personnel from active service and described the proper method of execution and disposition of the various forms, records, and reports required.  In pertinent part, this manual stipulated that DD Form 214 was to be completed based upon interviewing the Soldier and referring to all available records regarding the period of service to be covered by the report of separation.
The regulation provided that:

	a.  the grade in which the Soldier was serving at the time of separation was to be entered in Item 3 of the DD Form 214;

	b.  "Not applicable" would be entered in Item 5 of the DD Form 214 due to the fact that this item was covered in the DA Form 493 (Separation Qualification Record);

	c.  Soldier's total service outside continental limits of the United States during the current term of service would be entered in Item 26 of the DD Form 214 in years, months, and days; and

	d.  decorations or citations received during the period covered by the DD Form 214, and the authority for each would be entered in Item 27 of the form.  The regulation provided that authorities for service medals need not be entered in Item 27.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period of 15 July 1951 through 21 June 1954 should be corrected to show:

	a.  that he held the rank of staff sergeant and MOS of 1821 at the time of his discharge;

	b.  award of the Army of Occupation Medal with Germany Clasp;

	c.  award of the Expert Marksmanship Badge with Rifle Bar and Carbine Bar; and 

	d.  his cumulative overseas service, to include that which was accomplished during a previous period of active duty.


2.  Although DA Pamphlet 672-1 shows the applicant's unit of assignment received occupation credit for Germany during the period of 2 May 1945 through 31 October 1945, evidence shows the applicant did not enter the Army until 25 August 1948.  Additionally, there is no evidence in the available records which shows the applicant served a qualifying period of service with another unit for award of the Army of Occupation Medal with Germany Clasp.  Therefore, the applicant is not entitled to have his record corrected to show award of the Army of Occupation Medal with Germany Clasp.

3.  Evidence shows the applicant qualified as a Marksman with the M-1 Rifle on 23 October 1948.  Evidence also shows the applicant qualified as an Expert Marksman with the Carbine on 31 January 1951.  Special Regulation 615-360-1 specified that only decorations or citations received during the period covered by the DD Form 214 would be entered in Item 27 of the form.  Both of these weapons qualification dates occurred prior to the period of service covered by the applicant's DD Form 214.  Therefore, the applicant is not entitled to have his DD Form 214 corrected to show award of the Expert Marksmanship Badge with Rifle Bar and Carbine Bar.

4.  Both evidence of record and the photograph provided by the applicant show that he held the rank of sergeant.  Additionally, the rank of staff sergeant/pay grade E-6 did not exist during the applicant's period of service.  Therefore, the applicant is not entitled to have his DD Form 214 corrected to show he held the rank of staff sergeant at the time of his separation.

5.  Evidence shows the MOS portion of the applicant's DD Form 214 was properly constituted in accordance with contemporaneous policy in effect at the time of his separation.  Therefore, the applicant is not entitled to have his DD Form 214 corrected to show he held the MOS of 1821 at the time of his separation.

6.  Although the applicant desires to have his overseas service from a previous period of active duty reflected on his DD Form 214, Special Regulation 615-360-1, clearly stipulates that only a Soldier's total service outside the continental limits of the United States during the current term of service would be entered in Item 26 of the DD Form 214.  Therefore, the applicant is not entitled to have his DD Form 214 corrected to show his overseas service from a previous period of active duty.

7.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  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)                                         AR20080019864





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019864



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1