IN THE CASE OF:	  

		BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20100007219 


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 reconsideration of an earlier request that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show a Presidential Citation.  He also requests that his DD Form 214 be further corrected by adding the National Defense Service Medal (NDSM) and the Army Good Conduct Medal (AGCM).

2.  The applicant states the Presidential Citation awarded by then President Lyndon B. Johnson should be entered on his DD Form 214.  He argues that he should be issued the NDSM because this medal was awarded to any member who served honorably during a period of national emergency.  He adds that he was not issued or awarded the AGCM even after receiving the Presidential Citation.

3.  The applicant provides a copy of his DD Form 214, two photographs of himself in uniform, a Presidential Citation Certificate, a DD Form 398 (Statement of Personal History), and an NDSM information paper in support of this 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.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20080019739 on 21 April 2009.

3.  The applicant was inducted into the Army of the United States on 1 October 1963.  He completed his initial training and was awarded military occupational specialty 83F (Offset Pressman).  On 23 December 1963, he was assigned to Fort Richardson, Alaska, for duty as an offset pressman.

4.  On 29 September 1965, he was honorably released from active duty in the rank of private first class/pay grade E-3.  He completed 1 year, 11 months, and 29 days of creditable active duty service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the entry "none."

5.  His official military personnel file (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  His OMPF also contains a DA Form 24 (Service Record); however, this form is blank in its entirety.

6.  Headquarters, 3rd Training Brigade (Basic Combat Training), U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 212, dated 22 November 1963, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

7.  Headquarters, U.S. Army Alaska Headquarters (USARAL) Command, Special Orders Number 94, dated 1 December 1964, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  The Presidential Citation Certificate provided by the applicant shows the personnel of the USARAL Field Printing Plant were presented a Presidential Citation by the Commanding General, USARAL, on 5 March 1965.  His name is listed at the bottom of this document as one of the assigned personnel.  The list of individuals included both military and civilian employees.  The citation was awarded in special recognition of an outstanding contribution to greater economy and improvement in government operations during the tenth anniversary of the Federal incentive awards program.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided instructions for completing separation documents, including the DD Form 214.  It provided that all decorations, service medals, campaign credits, and badges awarded or authorized as listed in section 9 of the DA Form 24 were to be entered in item 26.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, did not identify the Presidential Citation as a military unit award.  The Distinguished Unit Citation was redesignated as the Presidential Unit Citation (Army) on 3 November 1966.  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. 

11.  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.

12.  Army Regulation 672-5-1 stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings. 
Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

13.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Presidential Citation, the NDSM, and AGCM.

2.  He served a period of qualifying service for award of the NDSM.  Additionally, even though his conduct and efficiency ratings are not known, he was honorably separated and his OMPF is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it appears he met the criteria for the first award of the AGCM for his honorable active duty service from 1 October 1963 through 29 September 1965.  These awards should be added to his DD Form 214 at this time.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, theses badges should also be added to his DD Form 214.

4.  The Presidential Citation appears to have been a Federal incentive award, not the same as the Presidential Unit Citation.  Additionally, the awards regulation in effect at the time did not identify it as a military award and current regulations do now allow for such a document to be entered on the DD Form 214.  Accordingly, there is no provision to show this citation on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  __X____  __X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 AGCM (1st Award) for the period 1 October 1963 to 29 September 1965 and

	b.  amending his DD Form 214 by adding the AGCM, NDSM, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

2.  Regarding to the applicant's request for reconsideration of his earlier request to show his Presidential Citation on his DD Form 214, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to 
amend the decision of the ABCMR set forth in docket Number AR20080019739, dated 21 April 2009.



      __________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)                                         AR20100007219



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)