IN THE CASE OF:	  

		BOARD DATE:	      3 March 2011

		DOCKET NUMBER:  AR20100020918 


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 corrections of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:

	a.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* erroneously shows the Marksman Marksmanship Qualification Badge with Carbine Bar
* does not show the Army Good Conduct Medal
* does not show his 5th Corp certificate (exact award unclear)

	b.  Item 25a (Specialty Number and Title) does not show his secondary military occupational specialty (MOS) of 050.10 (Low Speed Radio Operator).

	c.  Omission of his "tank crewserve" qualification.

2.  The applicant states he failed to notice these discrepancies until recently.

3.  The applicant provides:

* his DD Form 214
* two training certificates for completion of the V Corps Radio Operations Course
* a training certificate for completion of Vector Control Training

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 on 18 November 1957.  He completed basic combat and advanced individual training and he was awarded MOS 131.10 (Armor Crewman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 26 (Military Education) completion of Low Speed Radio Operator course (10 weeks) in 1960
* item 28 (Qualification in Arms) he qualified for the Marksman Marksmanship Qualification Badge with the Carbine Bar
* item 32 (Classification in MOSs) he was awarded primary MOS 131.10 with no other MOSs indicated

4.  His DA Form 24 (Service Record) shows in:

* Section 4 (Chronological Record of Military Service) he received a "fair" conduct and a "good" efficiency rating while assigned to Headquarters, Company, 14th Armored Cavalry during the period 25 November 1958 to 28 February 1959
* Section 9 (Medals, Decorations, and Citations) he was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar

5.  Army Regulation 672-5-1 (Awards), 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  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.

6.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  This regulation stated that the primary MOS code number and title would be entered in item 23a of the individual's DD Form 214.

7.  Army Regulation 635-5 states, in pertinent part, to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Army Regulation 600-8-22, in pertinent part, 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.  His DA Form 20 and DA Form 24 both show his qualification and award of the Marksman Marksmanship Qualification Badge with Carbine Bar.  Therefore, the entry in item 26 of his DD Form 214 is correct.

2.  He received a "fair" conduct and a "good" efficiency rating during the period from 25 November 1958 to 28 February 1959.  As such, he does not meet the qualification standard of all "excellent" conduct and efficiency ratings for the award of the Army Good Conduct Medal.  Therefore, he is not entitled to award of the Army Good Conduct Medal.

3.  He is not clear in his application as to what the "5th Corps Certificate" refers too.  However, only decorations, unit awards, and badges are entered on the 
DD Form 214.  There is no provision for entering certificates in item 26 of the
DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's request.

4.  He contends his DD Form 214 does not show his secondary MOS of 050.10.  The regulation in effect at the time states the primary MOS is entered in item 25a of the DD Form 214.  There were no provisions for entering a secondary MOS in item 25a or anywhere else on the DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's request.

5.  His reference to a tank crewserve qualification is unclear.  Individual qualifications, other than those that include the award of a badge, are not entered on the DD Form 214.  Therefore, there is insufficient evidence to include this qualification on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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)                                         AR20100020918



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ABCMR Record of Proceedings (cont)                                         AR20100020918



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