IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090008939 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: 

	a.  show his rank/grade as that of a staff sergeant (SSG)/E-6; 

	b.  show the Parachutist Badge, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Pistol Bar, National Defense Service Medal, and any other medals he earned as a result of his service with the 24th Infantry Division in Germany and the 11th Special Forces Group (Airborne);

	c.  show completion of the Jumpmaster Course; and

	d.  show he served in the U.S. Army Reserve (USAR) with the 11th Special Forces Group (Airborne).

2.  The applicant states that he served with the 11th Special Forces Group (Airborne) as an USAR Soldier after his discharge from the Regular Army (RA) and he voluntarily attended and completed the airborne course and the jumpmaster course.  He adds that he is a proud member of the 82nd Airborne Association, Color Guard, and an Associate member of the Barefoot, FL, Marine Corps League, Detachment 918 Color Guard.  He would like his DD Form 214 corrected to show his courses and medals. 

3.  The applicant provides a copy of a certificate, dated 2 December 1966, showing completion of the Airborne Course; a copy of a certificate of achievement, dated 16 February 1968, for completion of the Jumpmaster Course; a copy of his DD Form 214, dated 8 December 1965; a copy of his Honorable Discharge Certificate, dated 14 January 1970; and several photographs, in support of his request.

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 show he was inducted into the Army of the United States and entered active duty on 9 December 1963.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewmember).  

3.  The applicant’s records also show he served in Germany from on or about 5 May 1964 to on or about 18 November 1965.  He was assigned to Company C, 2nd Battalion, 21st Infantry, U.S. Army Europe (USAREUR).  He was advanced to private (PV2)/E-2 on 9 April 1964, to private first class (PFC)/E-3 on 20 August 1964, to specialist four (SP4)/E-4 (Temporary) on 23 September 1965, and to SP4/E-4 (Permanent) on 8 December 1965.  

4.  The applicant’s records further show he was honorably released from active duty on 8 December 1965 and he was transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows he completed 2 years of creditable active service.  This form also shows the following entries:

	a.  item 3a (Grade, Rate or Rank) shows the entry "SP4/E-4 (T)"; 

	b.  item 12 (Last Duty Assignment and Major Command) shows the entry "Co C, 2d Bn, 21st Inf, USARSEVEN" [Company C, 2nd Battalion, 21st Infantry, U.S. Army Europe and Seventh Army];
	
	c.  item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army of Occupation Medal (Berlin), Expert Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and

	d.  item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) shows the entry “None.” 

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was awarded the Army of Occupation Medal (Berlin), Expert Infantryman Badge, 1st Class [Sharpshooter] Marksmanship Qualification Badge with Recoilless Rifle Bar, Expert Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge (Special Orders Number 278, issued by Headquarters, Troop Support Battalion, dated 30 November 1966), and the Army Good Conduct Medal (awarded on 1 February 1966) by authority of USASC (sic).

6.  Subsequent to his separation from active service and while in the USAR, the applicant was trained in and held military occupational specialty (MOS) 32C (Fixed Transmission Station Supervisor).  He completed the Airborne Course on 2 December 1966 and the Jumpmaster Course on 16 February 1968.  He was assigned to the 11th Special Forces Group (Airborne) and was promoted to sergeant/E-5 on 22 October 1966 and to SSG/E-6 on 11 May 1968.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service. However, the applicant’s records show that on 16 June 1965 he pled not guilty at a Summary Court-Martial to one specification of disobeying a lawful order from a superior noncommissioned officer on or about 16 June 1965.  The Court found him guilty and sentenced him to a forfeiture of $30.00 pay for one month.  The sentence was adjudged on 16 June 1965 and approved on 25 June 1965.

8.  Army Regulation 672-5-1 (Military Decorations), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying 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 conviction by a court-martial (emphasis added).  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.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the National Defense Service Medal which was established on 22 April 1953 and is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  

10.  Army Regulation 600-8-22 also sets forth the 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.  Chapter 8 of the current version of the regulation states, in pertinent part, that Permanent Orders are no longer required for award of the Marksmanship badges.  Approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form. 

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.  It is important that information entered on the form should be complete and accurate. In the version in effect at the time, item 3a shows the Soldier's rank and pay grade at the time of separation; item 12 shows the Soldier's last duty assignment and overseas command prior to separation; and item 28 shows service schools or colleges, college training courses and/or post-graduate courses successfully completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct rank/grade, all awards and decorations, military training, and assignment to the 11th Special Forces Group (Airborne).

2.  With respect to the National Defense Service Medal, the evidence of record shows the applicant entered active duty on 9 December 1963 and he was 

honorably released on 8 December 1965.  Therefore, he served a qualifying period of service for award of the National Defense Service Medal and he is entitled to correction of his records to show this award.

3.  With respect to the Army Good Conduct Medal, the evidence of record confirms that the applicant served honorably during the period 9 December 1963 through 8 December 1965.  However, although he had all "excellent" conduct and efficiency ratings throughout his military service as reflected on his DA Form 20, he was convicted by a Summary Court-Martial on 16 June 1965.  This conviction disqualifies the applicant from receiving the Army Good Conduct Medal.  Therefore, notwithstanding the Army Good Conduct Medal entry in Item 41 of his DA Form 20 that is not supported by any orders contained in his available records, he is not entitled to award of the Army Good Conduct Medal and to have it added to his DD Form 214.

4.  With respect to the applicant’s marksmanship badges, while the Expert Marksmanship Qualification Badge with Rifle Bar is already shown on his DD Form 214, there is no evidence and the applicant has provided none to show he qualified with the Pistol and/or was awarded the Expert Marksmanship Qualification Badge for this weapon.  Therefore, there is insufficient evidence upon which to base award of the Expert Marksmanship Qualification Badge with Pistol Bar in this case.  However, records show the applicant was awarded the 1st Class [Sharpshooter] Marksmanship Qualification Badge with Recoilless Rifle Bar by Headquarters, 1st Training Regiment, Fort Devens, MA Special Orders 90, dated 21 April 1964.  Therefore, this marksmanship qualification badge should be added to his DD Form 214.

5.  With respect to the applicant’s rank/grade, the evidence of record shows that the highest rank/grade the applicant held at the time of his release from active duty was SP4/E-4, which is correctly shown on his DD Form 214.  He was promoted to SSG/E-6 nearly three years after his release from active duty.  His subsequent promotion in the USAR would not have been shown on a previously- issued DD Form 214 as this form only documents active service during a specified period.

6.  With respect to his unit of assignment, the evidence of record shows that the applicant was assigned to Company C, 2nd Battalion, 21st Infantry, in Europe at the time of his release from active duty.  He was not assigned to the 11th Special Forces Group (Airborne) during the period covered by the DD Form 214. His subsequent assignment to a USAR Special Forces Group would not have been shown on a previously issued DD Form 214 as this form only documents active service during a specified period.

7.  With respect to his military training courses and the Parachutist Badge, the evidence of record shows that the applicant completed the Airborne Course on   2 December 1966 and the Jumpmaster Course on 16 February 1968, after his release from active duty.  Again, his subsequent completion of any training courses and/or award of the Parachutist Badge would not have been shown on a previously-issued DD Form 214 as this form only documents active service during a specified period.

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 adding to item 26 of his DD Form 214 the National Defense Service Medal and 1st Class [Sharpshooter] Marksmanship Qualification Badge with Recoilless Rifle Bar. 

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 changing the applicant’s rank/grade to SSG/E-6; adding to item 26 of his DD Form 214 the Parachutist Badge, Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Pistol Bar; showing he completed the Jumpmaster Course on his DD Form 214; and showing his assignment to the 11th Special Forces Group (Airborne) 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)                                         AR20090008939



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090008939



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1