IN THE CASE OF:
BOARD DATE: 13 July 2010
DOCKET NUMBER: AR20090021690
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his medals awarded and completion of the General Educational Development (GED) course.
2. The applicant states he feels he may be entitled to medals for which he should have been credited and he has not received. He also states there is no indication of the GED course he took in Germany.
3. The applicant provides no additional 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 applicants 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 applicants 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 show he was inducted into the Army of the United States on 1 December 1959. He served in Germany from 19 June 1960 to 6 February 1962 with the 630th Ordnance Company.
3. The applicant was honorably released from active duty as an overseas returnee on 15 February 1962 and he was transferred to the U.S. Army Reserve (USAR) Control Troup (Annual Training) to complete his remaining Reserve obligation. He was credited with 2 years, 2 months, and 13 days of net active service.
4. Item 10a (Highest Civilian Educational Level Obtained) of his DD Form 214 shows "10 years."
5. Item 17 (Civilian Education) of his DA Form 20 (Enlisted Qualification Record) shows that he did not complete high school.
6. The applicant's record does not contain a copy of the GED Testing Service Transcript from the GED Testing Service of the American Council on Education, Washington D.C. or a high school equivalency diploma.
7. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows "None." Item 32 (Remarks) shows two days lost time.
8. Section 9 (Medal, Decorations, and Citations) of the applicant's DA Form 24 (Service Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.
9. Army Regulation 600-8-22 (Military Award) provides that 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. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of Army Regulation 635-5 contained guidance on the preparation of the DD Form 214. The highest civilian education level completed, civilian schools and colleges, during the period covered by the DD Form 214 was to be entered in item 10a.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record nor did the applicant submit any evidence
to show that he received a GED or high school diploma while in the Army. Therefore, there is insufficient evidence in which to change item 10a of the applicant's DD Form 214.
2. The applicant served a period of honorable active service during a qualifying period for award of the National Defense Service Medal. Therefore, he is entitled to the National Defense Service Medal and correction of his DD Form 214 to show this service medal.
3. Evidence of record shows that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar. Therefore, he is entitled to correction of his DD Form 214 to show this qualification badge.
4. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.
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 the Sharpshooter Marksmanship Qualification Badge with Carbine 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 correcting his DD Form 214 to show receipt of a GED.
___________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) AR20090021690
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100018600
The applicant requests correction of his 18 October 1965 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in items: * 3a (Grade, Rate or Rank) and 3b (Date of Rank) he was promoted to specialist four (SP4)/E-4 * 10a (Highest Civilian Education Level Attained) he completed general equivalency development (GED) courses at Fort Eustis, VA * 12 (Last Duty Assignment and Major Command) his last duty assignment was the 1099th Transportation Company * 13b...
ARMY | BCMR | CY2014 | 20140008104
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: a. show he completed his high school GED; b. show he was advanced to the rank/grade of sergeant first class (SFC)/E-7; c. show awards of the Army Good Conduct Medal, National Defense Service Medal, Armed Forces Service Medal, Overseas Service [Ribbon], Army Service [Ribbon], American Defense Service Medal, and Army Reserve Components Achievement...
ARMY | BCMR | CY2005 | 20050003356C070206
The applicant's DD Form 214 for the period ending 12 December 1967 shows the Vietnam Service Medal, the National Defense Service Medal, the Vietnam Campaign Medal, the first award of the Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry in item 10a on his DD Form 214 for the period ending 20...
ARMY | BCMR | CY2013 | 20130000703
The applicant requests, in effect, correction of: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 20 October 1959 to show the Airborne Course * his DD Form 214 for the period ending 2 February 1965, to show in: * item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the: * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Overseas Service Ribbon * United...
ARMY | BCMR | CY2010 | 20100019693
Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Appendix B shows that based on the applicant's dates of service in Vietnam, participation credit was awarded for the Vietnam Defense Campaign during the period 8 March 1965 through 24 December 1965. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2007 | 20070012289
Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Evidence of record shows that the applicant was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Combat...
ARMY | BCMR | CY2002 | 2002075394C070403
The applicant requests, in effect, that his separation document (DD Form 214) be corrected to reflect his proper level of civilian education by showing he completed the General Equivalency Diploma (GED); and by showing that he earned the a Marksmanship Qualification Badge with Grenade and Machine Gun Bars. The evidence of record contains no indication that he applicant completed his GED during his active duty tenure. Given this lack of evidence, the Board is compelled to deny the...
ARMY | BCMR | CY2014 | 20140002686
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Army Commendation Medal, a Letter of Commendation, and to show he completed the High School General Educational Development (GED) test during his active duty service. However, the two Military Test Reports he provided are illegible and as a result, these documents are insufficient evidence on which to base amending his DD Form 214 to show a...
ARMY | BCMR | CY2014 | 20140000705
The applicant provides a DD Form 214. His DD Form 214 shows in item 10a the entry "12 Years." Therefore, his DD Form 214 should be corrected by adding this award.
ARMY | BCMR | CY2004 | 2004102661C070208
The applicant requests, in effect, that his separation document be corrected to show the four Bronze Star Medals, the Combat Infantryman Badge, and the Army Commendation Medal, that he earned. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to during his first tour of duty in Vietnam: Headquarters and Headquarters Company, 1st...