IN THE CASE OF:
BOARD DATE: 19 January 2011
DOCKET NUMBER: AR20100014004
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served in the European Theater of Operations (ETO) and that he was awarded a total of five Bronze Star Medals and five awards of the Army Good Conduct Medal (AGCM).
2. The applicant states his DD Form 214 does not show these awards.
3. The applicant provides copies of an AGCM order and orders for the BSM.
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 applicants military records show that he reenlisted in the Regular Army on 3 May 1961 with 17 years, 1 month, and 17 days of prior service and he was retired for years of service on 31 March 1964. The DD Form 214 he was issued, Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), only shows the AGCM with 3 Loops.
3. The applicant has submitted:
* letter orders dated 6 April 1948 awarding him the BSM
* a BSM citation for the period 2 November 1950 to 3 June 1951
* General Orders Number 238 dated 23 August 1951 which awarded him the BSM with Oak Leaf Cluster for the period 2 November 1950 to 3 June 1951
* General Orders Number 9 dated 6 March 1964 which awarded him the AGCM (Fifth Award)
4. Army Regulation 635-5 (Separation Documents) in effect at the time stated that only the awards for the current period of service would be entered on the DD Forms 214 from 1953 to January 1967. All awards would be entered after 1 February 1967.
DISCUSSION AND CONCLUSIONS:
1. While the applicant submitted records showing he was awarded two BSM's, both of those decorations were awarded prior to 3 May 1961, the date he commenced his final period of active service. Likewise, his service during World War II was prior to 3 May 1961. Since only those awards earned during the current period of service were to be entered on the DD Form 214 at the time of the applicant's retirement, neither the two BSMs nor the ETO service would be entered on his retirement DD Form 214.
2. However, he was awarded the AGCM (Fifth Award) during his last period of active service and it would now be appropriate to correct the entry AGCM with
3 Loops to the AGCM (Fifth Award). In addition, a copy of all his separation documents will be provided to him.
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 correcting his retirement DD Form 214 to show he was awarded the AGCM (Fifth Award).
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 adding the BSMs and ETO service to his DD Form 214.
_______ _ _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) AR20100014004
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100014004
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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