IN THE CASE OF:	  

		BOARD DATE:	  13 JANUARY 2011

		DOCKET NUMBER:  AR20100017793 


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 records to show his military training and authorized awards.

2.  The applicant states he completed an 8-week Unit Chemical Defense Noncommissioned Officer (NCO) Course in June 1952; however, this military training was not recorded on his DD Form 214 (Report of Separation from the Armed Forces of the United States).  He also states his authorized awards are not recorded on his DD Form 214.

3.  The applicant provides copies of a certificate of training, a photograph, and 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 service 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, along with the documentation the applicant provides, for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States for a period of 2 years on 15 March 1951.  Upon completion of training he was awarded military occupational specialty 4345 (Light Truck Driver).  The applicant was promoted to private first class (temporary)/pay grade E-3 on 28 September 1951.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 14 March 1953 based on his expiration of term of service and transferred to the Enlisted Reserve Corps to complete his Reserve obligation.  At the time he had completed 2 years of net active service.  It also shows in:

	a.  item 27 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the entry "None";

	b.  item 28 (Most Significant Duty Assignment) that he was assigned to Headquarters Battery, 711th Anti-Aircraft Artillery Gun Battalion, Fort  Custer, Michigan;

	c.  item 30 (Service Schools or Colleges, College Training, Courses and/or Post-Graduate Courses Successfully Completed) that he completed the Small Arms Repairman Course at the Ordnance School, Aberdeen Proving Ground, Maryland, from June to July 1951;

	d.  item 31 (Service Training Courses Successfully Completed) the entry "None"; and

	e.  item 38 (Remarks) that he had no lost time.

5.  There is no evidence the applicant was issued the National Defense Service Medal.

6.  There is no evidence the applicant was awarded the Army Good Conduct Medal.  His available records do not contain any adverse information and there is no evidence his commander denied him award of the Army Good Conduct Medal.

7.  In support of his application, the applicant provides the following documents:

	a.  a DA AGO Form 87 (Certificate of Training) that shows he satisfactorily completed the Unit Chemical Defense NCO Course at the Fifth Army Chemical Defense School, Camp McCoy, Wisconsin, on 13 June 1952; and

	b.  a photograph 26 Soldiers in uniform on which he has placed a circle and identified himself.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  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.

9.  Army Regulation 600-65 (Service Medals), 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 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.  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 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.

10.  Service Regulation Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's separation from the Army, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  The instructions for completing item 27 state to enter decorations awarded or authorized during the period covered by the DD Form 214 from the service record.  For item 31 it states to enter service training courses that the Soldier satisfactorily completed.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he completed the Unit Chemical Defense NCO Course in June 1952 and all of his authorized awards because his DD Form 214 was not properly completed at the time of his separation from active duty.

2.  The evidence of record shows the applicant:

	a.  completed the Unit Chemical Defense NCO Course at the Fifth Army Chemical Defense School, Camp McCoy, Wisconsin, on 13 June 1952;

	b.  served honorably on active duty during a qualifying period of service for award of the National Defense Service Medal; and

	c.  served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 15 March 1951 to 14 March 1953;

	d.  was promoted to private first class with just over 6 months of active duty;

	e.  was sent to a training course for NCO's after only a little over 1 year of active duty service and he completed the training;

	f.  his records do not contain any adverse information and there is no evidence his commander denied him award of the Army Good Conduct Medal.

3.  Therefore, it would be appropriate to approve award of the Army Good Conduct Medal for his period of service from 15 March 1951 to 14 March 1953.

4.  In view of the foregoing, it would be appropriate to correct the applicant's records to show his military training and authorized awards as outlined above.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  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 Army Good Conduct Medal (First Award) for exemplary conduct, efficiency, and fidelity during the period 15 March 1951 to 14 March 1953; and

	b.  correcting his DD Form 214 by:

		(1)  deleting from item 27 the entry "None";

		(2)  adding to item 27 the "Army Good Conduct Medal" and "National Defense Service Medal";

		(3)  deleting from item 31 the entry "None"; and

		(4)  adding to item 31 the entry "Unit Chemical Defense NCO Course, Camp McCoy, Wisconsin, 13 June 1952."



      _____________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)                                         AR20100017793



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ABCMR Record of Proceedings (cont)                                         AR20100017793



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