IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100013631 


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 (Report of Separation from the Armed Forces of the United States), dated 21 August 1953, to specify the location of his foreign and/or sea service and to add any awards that he may be authorized.

2.  The applicant states his DD Form 214 should be accurate and the Veterans of Foreign Wars Post 1747 and Department of Veterans Affairs require accurate information.

3.  The applicant provides:

* DD Form 214 dated 21 August 1953
* DD Form 214 dated 17 April 1960
* NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) dated 21 November 1988

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 enlisted in the Regular Army for 3 years on 22 August 1949 and he completed training as a flight radio operator.  He was transferred to the Philippines on 14 February 1950.

3.  On 23 March 1952, the applicant departed the Philippines enroute to the U.S. and he extended his enlistment for 1 year on 2 July 1952.

4.  He was honorably discharged at the expiration of his term of service on 21 August 1953.  Item 26 (Foreign and/or Sea Service) on the DD Form 214 shows 2 years, 2 months, and 18 days.  Item 27 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons awarded or Authorized) shows "None."  

5.  The applicant's DA AGO Form 20 (Soldier's Qualification Card) shows he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle, Carbine, and Machine Gun Bars in 1949.

6.  His WD AGO Form 24A (Service Record) shows his character and efficiency ratings were "excellent" to "superior" during his period of service and there is no derogatory information contained in his official record that would disqualify him from being awarded the Army Good Conduct Medal.

7.  Special Regulation 615-360-1 (Separation of Enlisted Personnel), in effect at the time, provided instructions for preparation of the DD Form 214.  The total period of service outside of the continental limits of the United States during the current term of service would be entered in item 26.  Decorations or citations received during the period covered by the DD Form 214 would be entered in item 
27.  However, the regulation did not provide for entries showing the location of the foreign service for Regular Army Soldiers.

8.  Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  A Soldier's conduct and efficiency ratings, 

including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration will not be disqualifying.  There must have been no convictions by court-martial.

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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  However, the regulation governing the preparation of the DD Form 214 at the time [on 21 August 1953], did not provide for entries showing the location of the foreign service for Regular Army Soldiers.  Therefore, it was properly not entered on his DD Form 214.

2.  The applicant's records do show he is authorized additional awards that are not shown on his DD Form 214 dated 21 August 1953.  These awards include the Army Good Conduct Medal for the period of service from 22 August 1949 through 21 August 1952, the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle, Carbine, and Machine Gun Bars.  These awards should be added to his 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 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 awarding him the Army Good Conduct Medal for exemplary service from 


22 August 1949 through 21 August 1952 and amending his DD Form 214 dated 21 August 1953 by adding the Army Good Conduct Medal the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle, Carbine, and Machine Gun Bars.

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 amending his DD Form 214 to show the location of his foreign service. 




      _______ _   _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)                                         AR20100013631



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ABCMR Record of Proceedings (cont)                                         AR20100013631



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