IN THE CASE OF:	

		BOARD DATE:	9 September 2009    

		DOCKET NUMBER:  AR20090006849 


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 Active Duty) to show award of the "Basic Airborne Wings" (correctly known as the Parachutist Badge), the Ranger Tab, the Presidential Unit Citation, and the Good Conduct Medal.  He also requests that his military occupational specialty (MOS) and rank be changed on his DD Form 214. 

2.  The applicant states that his 201 file was lost prior to his discharge and he was released on temporary records; therefore, his DD Form 214 does not reflect all of his information.  He contends that his MOS was 11B and he was discharged in the rank of E-5. 

3.  The applicant provides no 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 records appear to be complete.  They show he enlisted in the Regular Army on 18 October 1971 for a period of 3 years for MOS 31M (radio relay and carrier attendant).  His DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 31M2O effective 28 April 1972.  Item 38 (Record of Assignments) of his DA Form 20 shows his only overseas tour was in Germany and does not show he was assigned or attached to a unit at Fort Benning, GA.  Neither item 27 (Military Education) nor item 28 (Specialized Training) show he completed Airborne Training or Ranger Training.

3.  On 21 October 1974, the applicant was released from active duty in the rank of specialist four after completing 3 years and 4 days of creditable active service with no lost time.   

4.  Item 6a (Grade, Rate or Rank) on the applicant's DD Form 214 shows the entry "SP4" [specialist four].  Item 6b on his DD Form 214 shows the entry "E-4."  Item 16a (Primary Specialty Number and Title) on his DD Form 214 shows the entry "31M2O Rad Rel & Carr Attend [radio relay and carrier attendant] (See Item 27) None."  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the entry "NDSM" [National Defense Service Medal].  Item 27 (Remarks) on his DD Form 214 states, in pertinent part, "16a and 18f [Foreign and/or Sea Service This Period] - DD Form 215 will be issued to provide missing information.  Separated from service on temporary records & soldier's affidavit."

5.  There are no orders for the Parachutist Badge or the Ranger Tab in the available records.

6.  There is no evidence of record which shows the applicant's unit was cited for award of the Presidential Unit Citation while he was assigned to it. 

7.  Item 41 (Awards and Decorations) on the applicant's DA Form 20 shows entitlement to the National Defense Service Medal.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

9.  There is no evidence of record which shows the applicant was awarded MOS 11B.
10.  Item 33 (Appointments and Reductions) on the applicant's DA Form 
20 shows the highest rank he attained was specialist four on 19 July 1972. 

11.  There is no evidence of record which shows the applicant was promoted to sergeant/E-5 prior to his release from active duty on 21 October 1974. 

12.  Orders, dated 27 July 1977 show the applicant was honorably discharged from the USAR in the rank of specialist four.  His MOS is shown as 31M2O.

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School (at Fort Benning, GA), or have participated in at least one combat parachute jump.

14.  Army Regulation 600-8-22, in pertinent part, sets forth the requirements for award of the Ranger Tab.  The Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command or award of the Combat Infantryman Badge while serving in World War II as a member of a Ranger Battalion (1st to 6th inclusive) or in the 5307th Composite Unit (Merrill’s Marauders).

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  

16.  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 except that a service school efficiency rating based upon academic proficiency of at 
least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.



DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Parachutist Badge in the available records and no evidence he completed airborne training.  Therefore, there is insufficient evidence on which to base award of this badge.

2.  There are no orders for the Ranger Tab in the available records and no evidence he completed Ranger training.  Therefore, there is insufficient evidence on which to base award of the Ranger Tab.

3.  There is no evidence of record which shows the applicant’s unit was cited for award of the Presidential Unit Citation while he was assigned to it or that he was assigned to a unit in a combat area.  Therefore, there is insufficient evidence on which to base award of the Presidential Unit Citation in this case.

4.  The applicant was separated in the rank of specialist four with 3 years and 
4 days of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 18 October 1971 through 17 October 1974.  Therefore, his records should be corrected to show this award.

5.  There is no evidence of record, and the applicant has provided no evidence, which shows he was awarded MOS 11B.  Therefore, there is no basis for granting the applicant's request to amend his DD Form 214 to show this MOS.

6.  There is no evidence of record, and the applicant has provided no evidence, which shows he was promoted to E-5 prior to his release from active duty on 
21 October 1974.  Therefore, there is no basis for granting the applicant's request to amend his DD Form 214 to show his rank as E-5.

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.  awarding him the first award of the Good Conduct Medal for the period 
18 October 1971 through 17 October 1974; and

	b.  adding the Good Conduct Medal on his DD Form 214.

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 Parachutist Badge, the Ranger Tab, and the Presidential Unit Citation; or that his MOS and rank be amended on his DD Form 214.  



      _______ _   _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)                                         AR20090006849



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ABCMR Record of Proceedings (cont)                                         AR20090006849



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