BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090012630 


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 military records to show his rank as captain (CPT) instead of first lieutenant (1LT) and award of the Army Commendation Medal.

2.  The applicant states that he was promoted to CPT before he was released from active duty in Cincinnati and that he received the Army Commendation Medal from Fort Benning after he was discharged from active duty, but it is not reflected on his military records.

3.  The applicant did not provide any additional documentary evidence 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 appointed as a second lieutenant in the U.S. Army Reserve (USAR) and executed an oath of office on 11 June 1960.

3.  The applicant's records show he was ordered to active duty effective 27 June 1963.  He subsequently completed the Ordnance Officer Basic Course and the Automation Maintenance and Repair Officer Course and was assigned to the Cincinnati Procurement District, U.S. Army Materiel Command.

4.  The applicant's record further shows he was promoted to 1LT on 27 July 1963.

5.  On 2 February 1965, the applicant requested release from active duty on 26 July 1965 by reason of completion of his active duty commitment by memorandum addressed through the Commanding General, Cincinnati Procurement District, to the Commanding General, U.S. Army Materiel Command.

6.  On 2 and 10 February 1965, the applicant's intermediate and senior commanders recommended approval of the applicant's release from active duty.

7.  On 2 July 1965, the applicant's request for release from active duty was approved and, accordingly, the Cincinnati Procurement District published Special Orders Number 19 announcing the applicant's release from active duty in the rank of 1LT effective 26 July 1965.

8.  The applicant was honorably released from active duty on 26 July 1965 and transferred to the USAR Control Group for completion of his Reserve obligation.  The DD Form 214a (Armed Forces of the United States Worksheet for Report of Transfer or Discharge) he was issued shows he completed 2 years of active service.  Item 3a (Grade, Rate, or Rank) of this form shows the entry "1st Lt," item 3b (Date of Rank) shows the entry "27 Jul 63," and item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the entry "None."

9.  The applicant's records do not contain promotion orders that show he was promoted to CPT while on active duty; however, his records show he was promoted to CPT in the USAR on 9 June 1967.

10.  Headquarters, U.S. Army Materiel Command, Washington, DC, General Orders Number 39, dated 7 July 1965, show the applicant was awarded the Army Commendation Medal for meritorious service from June 1964 to May 1965.

11.  A review of the applicant's records indicates his entitlement to additional awards which are not shown in his records.

12.  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.

13.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine) on 17 September 1963.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 3a shows the active duty rank at the time of the Soldier's separation; the rank is taken from the Soldier's promotion/reduction orders; and item 3b shows the date of rank.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show his rank as a CPT and award of the Army Commendation Medal.

2.  General orders awarded the applicant the Army Commendation Medal for meritorious service from June 1964 to May 1965 which is included in his service records but not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows the applicant entered active duty on 26 July 1963 and was honorably released on 25 July 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.

4.  The applicant's records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine) on 17 September 1963 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  With respect to the applicant's rank, the evidence of record shows the applicant was promoted to 1LT on 27 July 1963 and held this rank at the time of his release from active duty.  There is no evidence that he was promoted to CPT prior to his release from active duty.  Although he was promoted to CPT 2 years later while in the USAR, his active duty rank is correctly shown on the DD Form 214.  There is neither an error nor an injustice.

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 the Army Commendation Medal, the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine) to item 26 of 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 his rank of CPT.



      ____________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)                                         AR20090012630



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ABCMR Record of Proceedings (cont)                                         AR20090012630



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