IN THE CASE OF:	

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090018812 


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 the following corrections on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

   a.  Item 12 (Last Duty Assignment and Major Command) be changed from  
the 776th Army Unit Quartermaster Direct Support Company to the 7764th Army Unit Quartermaster Direct Support Company.

   b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and 
Campaign Ribbons Awarded or Authorized) to show the National Defense Service Medal.

2.  The applicant states item 12 on his DD Form 214 contains a typographical error.  He states that item 26 on his DD Form 214 should reflect his entitlement to the National Defense Service Medal based on the letter from the National Personnel Records Center, dated 17 November 2005.  

3.  The applicant provides the following documents in support of his application:

* Armed Forces Liberty Pass
* DD Form 214
* A group photograph of the Seventh Army, 7764th Army Unit 
* Letter from the National Personnel Records Center dated 17 November 2005


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 records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 30 July 1954 and he was honorably discharged on 3 July 1957.  

4.  The applicant’s Armed Forces Liberty Pass issued on 13 October 1956 shows his organization as the 7764th Army Unit, Leighton Barracks, Wurzburg, Germany.  

5.  Item 12 on his DD Form 214 shows the entry “776th AU QM Dir Sup Co.”

6.  His DD Form 214 does not show entitlement to the National Defense Service Medal.  

7.  The 17 November 2005 letter from the National Personnel Records Center indicates the applicant was entitled to the National Defense Service Medal.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version of this regulation, in effect at the time, directed that the last duty assignment and major command or agency having jurisdiction over the losing unit of assignment will be entered in item 12 of the DD Form 214.  


9.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

10.  The website for the U.S Army Europe (USAREUR) Units – 2nd Quartermaster Group listed the 7764th Quartermaster Direct Support Company and indicated it was attached to the 14th Quartermaster Battalion.  This website did not list the 776th Quartermaster Direct Support Company as a unit.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 12 on his DD Form 214 contains a typographical error.  He has provided sufficient evidence to support this claim.  

2.  The applicant’s DD Form 214 currently reflects his last duty assignment and major command as the 776th Army Unit Quartermaster Direct Support Company.  

3.  The applicant provided a 13 October 1956 Armed Forces Liberty Pass which shows he was assigned to the 7764th Army Unit in Wurzburg, Germany.  The group photograph shows the “7764 AU.”  No evidence is available which shows he was assigned to the 776th Army Unit Quartermaster Direct Support Company at the time of his discharge.  

4.  The USAREUR Units – 2nd Quartermaster Group website did not list a 776th Army Unit.  

5.  It appears that an administrative error may have occurred when the applicant’s last duty assignment was recorded on his DD Form 214.  Therefore, it would be appropriate to amend his DD Form 214 to show his last duty assignment and major command as the 7764th Army Unit Quartermaster Direct Support Company in lieu of the 776th Army Unit Quartermaster Direct Support Company.

6.  The 17 November 2005 letter from the National Personnel Records Center is acknowledged.  The Military Awards regulation stipulates the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.  However, his DD Form 214 shows he did not enter active duty until 30 July 1954, which is after the qualifying period. Therefore, the applicant did not serve a period of qualifying service for award of the National Defense Service Medal.  

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 deleting the entry “776th AU QM Dir Sup Co” from item 12 on his DD Form 214 and replacing it with the entry “7764th AU QM Dir Sup Co.”

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 the National Defense Service Medal.




      _______ _   __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)                                         AR20090018812



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ABCMR Record of Proceedings (cont)                                         AR20090018812



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