IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100017782 


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 last name in item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Report of Separation from the Armed Forces of the United States).  He also requests, in effect, award of the Army Good Conduct Medal, Presidential Unit Citation, "Marksman Medal" (it appears he means a marksman qualification badge), Driver and Mechanic Badge with Driver-T (for tracked vehicles) Bar, and four additional bronze service stars for wear on his already-awarded Korean Service Medal with two bronze service stars.

2.  The applicant states:

* his last name is "Bourque," not "Borque"
* he served over 3 years of honorable service [for award of the Army Good Conduct Medal]
* he served in Korea from 21 September 1950 through 14 December 1952 and participated in six campaigns
* he was attached to the 1st Ordnance, Medium Maintenance Company, when it was awarded the Presidential Unit Citation
* he was awarded the marksman medal during basic training at Fort Dix, NJ in 1948
* he is entitled to the Driver and Mechanic Badge with Driver-T Bar as evidenced by his Army drivers license


3.  The applicant provides:

* his Army drivers permit
* a DA AGO Form 9-74
* a chronology of movements by the 1st Ordnance Medium Maintenance Company during the Korean War as recorded by another Soldier
* a VFW magazine excerpt of the Korean Service Medal
* his DD Form 214

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 to the Board 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 as a private on 24 September 1948 for a period of three years
* his specialty number was 3965 (wheel vehicle repairman)
* in item 26 (Foreign and/or Sea Service) he had 1 year, 4 months, and
29 days of foreign service
* in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Korean Service Medal with two bronze service stars and United Nations Service Medal


* in item 30 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) he completed the mechanic automobile, wheel vehicle, and track vehicle courses
* in item 48 (Signature of Person Being Separated) a legible signature and the last name is "Bourque"
* he was honorably discharged in the permanent rank of corporal (date of appointment was 1 August 1950) on 15 May 1952 after completing
3 years, 7 months, and 22 days of creditable active service with no time lost

4.   There are no orders for the Army Good Conduct Medal or any marksman qualification badge in the available records.

5.  The applicant's inclusive dates of service in Korea are not available.  There is also no record of the unit the applicant was assigned/attached to while serving in Korea.  The applicant provides a chronology of movements by the 1st Ordnance Medium Maintenance Company during the Korean War as recorded by another Soldier; however, this evidence in inconclusive as it pertains to the applicant.

6.  There are no orders for the Driver and Mechanic Badge with Driver-T Bar in the available records.  However, the applicant provided a DA AGO Form 9-74, dated 31 August 1951, which shows he demonstrated proficiency in driving various types of vehicles which included:

* Car, halftrack and passenger
* Tank, heavy, light, and medium
* Tracked, cargo

7.  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, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by 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.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star will be worn in lieu of five bronze service stars.

9.  Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) 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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation credit for World War II and the Korean War.  This pamphlet does not show the 1st Ordnance Medium Maintenance Company was cited for award of the Distinguished Unit Citation (later redesignated as the Presidential Unit Citation) at any time during World War II or the Korean War.

11.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

12.  Army Regulation 600-8-22 provides, in pertinent part for award of the Driver and Mechanic Badge.  The eligibility requirements for drivers require that a Soldier must qualify for and possess a current U.S. Government Motor Vehicles Operator’s Identification Card, be assigned duties and responsibilities as a driver or assistant driver for a minimum of 12 consecutive months, or during at least 8,000 miles with no Government motor vehicle accident or traffic violation recorded on his or her Equipment Operator’s Qualification Record, or perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.  For tracked vehicle drivers, the component bar "Driver-T" is authorized for wear on the Driver and Mechanic Badge.

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

14.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The legible signature which shows the last name "Bourque" in item 48 of the applicant's DD Form 214 is accepted as sufficient evidence in which to amend item 1 to show the last name "Bourque."

2.  Although the applicant's military records are not available for review, his
DD Form 214 shows he enlisted as a private and he was honorably discharged in the permanent rank of corporal after completing 3 years, 7 months, and 22 days of honorable active service with no time lost.  It also appears that based on his promotion to the rank of corporal prior to completing two years of active service, his not receiving the first award of the Army Good Conduct Medal was an administrative error.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (first award) based on completion of a period of qualifying service of three years from 24 September 1948 through 23 September 1951.

3.  The applicant contends he participated in six campaigns in Korea.  However, his inclusive dates of service in Korea are not available.  Therefore, there is insufficient evidence in which to add any additional bronze service stars to his already-awarded Korean Service Medal with two bronze service stars.

4.  There is no evidence the Presidential Unit Citation was awarded to the
1st Ordnance Medium Maintenance Company during World War II or the Korean War.  Therefore, there is insufficient evidence in which to base award of this unit award.

5.  There is no evidence of record and the applicant did not provide any evidence which shows he received a marksman qualification badge.  Therefore, there is insufficient evidence in which to add a marksman qualification badge to his
DD Form 214.

6.  Although there are no orders for the Driver and Mechanic Badge, evidence of record shows the applicant's MOS was 3965 and he possessed a DA AGO Form 9-74 that certified the applicant demonstrated proficiency in driving the heavy, light, and medium tank.  Therefore, the DA AGO Form 9-74 is accepted as sufficient evidence in which to award him the Driver and Mechanic Badge with Driver-T Bar and to add this award to his DD Form 214.

7.  The applicant served a period of qualifying service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

8.  The applicant served during a qualifying period for the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

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:

	a.  deleting from item 1 of his DD Form 214 the last name "Borque" and replacing it with the entry "Bourque";

	b.  awarding him the Army Good Conduct Medal (first award) for the period 
24 September 1948 through 23 September 1951;

	c.  awarding him the Driver and Mechanic Badge with Driver-T Bar effective 31 August 1951; and

	d.  adding to item 27 of his DD Form 214 the Army Good Conduct Medal (first award), National Defense Service Medal, Republic of Korea War Service Medal, and the Driver and Mechanic Badge with Driver-T 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 award of the Presidential Unit Citation, a marksman qualification badge, or four additional bronze service stars for wear on his already-awarded Korean Service Medal with two bronze service stars.



      ___________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)                                         AR20100017782



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ABCMR Record of Proceedings (cont)                                         AR20100017782



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