IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110004052 


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 the service training courses he successfully completed and all of his awards and decorations.

2.  The applicant states he enlisted in the U.S. Army Reserve (USAR) on
30 August 1950 and was assigned to the 483rd Military Police (MP) Escort Guard Company.  He was transferred to the Armed Forces Special Weapons Project at Sandia Base in Albuquerque, NM, and then to the 506th MP Security Platoon.

   a.  He states superior officers failed to record that he successfully completed training with the 12 gauge pump shotgun, .30 caliber carbine, .30 caliber machinegun, .45 caliber pistol, .45 caliber "grease gun" sub-machinegun,
.50 caliber machinegun, .50 caliber Browning Automatic Rifle (BAR),
3.6 millimeter bazooka rocket launcher, hand grenade, and bayonet.  They also failed to record his qualification with the weapons, except for the .30 caliber rifle.

   b.  He adds they also failed to process recommendations for his award of the Army Good Conduct Medal and Marksman Marksmanship Qualification Badge.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States), Honorable Discharge Certificate, a letter from his daughter, and an extract from Army Regulation 600-8-22 (Military Awards).


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 USAR on 30 August 1950 for a period of 3 years and was ordered to active duty on 11 September 1950.  He was awarded military occupational specialty 1677 (Military Policeman).

3.  The applicant's DA Form 20 (Soldier's Qualification Card) shows in item
32 (Qualification in Arms):

   a.  he qualified marksman by firing 147 rounds with the [.30 caliber] M-1 rifle on 20 November 1950, and 

   b.  he familiarized with the:

* carbine by firing 30 rounds on 8 December 1950
* light machinegun by firing 78 rounds on 13 December 1950
* .45 caliber pistol by firing 12 rounds on 22 December 1950
* .50 caliber hand machinegun by firing 10 rounds on 28 March 1951

   c.  Two entries (i.e., familiarization with the .45 caliber sub-machinegun by firing 25 rounds on 15 May 1951 and rocket launcher by firing 1 round on
30 November 1950) are lined-through (deleted).

4.  The applicant's DA Form 24A (Service Record) covering the period 30 August 1950 to 10 May 1952 shows in:

   a.  Section 6 (Original Assignment and Organizations to Which Subsequently Assigned During this Period of Service) he was assigned to the:

       (1)  483rd MP Escort Guard Company, Fresno, CA, from 30 August 1950 to 1 May 1951;
       (2)  483rd MP Service Company, Camp McCoy, WI, from 2 May 1951 to
6 January 1952; and

       (3)  506th MP Security Platoon, Camp McCoy, WI, from 7 January to
10 May 1952.

   b.  Section 9 (Remarks - Administrative) he was released from active duty (REFRAD) on 10 May 1952; his character and efficiency were rated as "excellent"; he was favorably considered for the Good Conduct Medal; and he had completed 1 year and 8 months of continuous service toward the Good Conduct Medal.

	c.  Section 21 (Medals, Decorations, and Citations) shows no entry (is blank).

5.  A DD Form 214 shows the applicant entered active duty on 11 September 1950, was honorably REFRAD on 10 May 1952, and transferred to the Enlisted Reserve Component to complete his Reserve obligation.

	a.  He completed 1 year and 8 months of net active service this period.

   b.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the entry "None."

   c.  Item 28 (Most Significant Duty Assignment) shows the 506th MP Security Platoon [Sandia Base, NM].

   d.  Item 31 (Service Training Courses Successfully Completed) shows he qualified marksman with the .30 caliber M-1 rifle by firing 147 rounds on
20 November 1950.

6.  The applicant's military service records do not contain any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

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

   a.  A letter from his daughter in which she provides background on her family's history and a summary of the applicant's military service, including his significant assignments, the insignia and patches he wore on his uniform, and weapons training that he completed.  She describes recent unsuccessful efforts to obtain her father's awards and decorations and to visit Fort McCoy, WI, where he served while on active duty.  She requests correction of his records to show the service training courses he successfully completed and all of his awards and decorations.  She also asks for favorable consideration of his request to visit Fort McCoy.

   b.  An extract from Army Regulation 600-8-22 that, in pertinent part, shows Title 10, U.S. Code, section 1130, allows for the consideration of awards not previously considered and contains provisions for the Secretary of the Army to approve such awards.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying. 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.

9.  Army Regulation 600-8-22 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.  

10.  Special Regulation Number 615-360-1 (Enlisted Personnel - 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, 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 show for:

   a.  item 27 enter decorations or citations; authority for service medals need not be entered; and

   b.  item 31 enter such installation training courses (qualification courses), military correspondence courses, and off-duty courses as the individual has completed successfully.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the service training courses he successfully completed, additional qualification badges, and the Army Good Conduct Medal.  He also requests authorization to visit Fort McCoy, WI.

2.  The ABCMR does not coordinate or authorize public visits to U.S. Army installations.  The applicant is advised to contact the Public Affairs Office (PAO), Fort McCoy, WI, regarding his request.  He may contact the PAO at:
(608) 388-2407 or via the Internet at:  www.mccoy.army.mil/.

3.  Records show the applicant successfully completed training and qualified marksman with the .30 caliber M-1 rifle on 20 November 1950.  Therefore, it would be appropriate to show award of the Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar in item 27 of his DD Form 214.

4.  Records show the applicant participated in familiarization training [emphasis added] with the carbine, light machinegun, .45 caliber pistol, and .50 caliber hand machinegun. 

   a.  The sincerity of the applicant's comments regarding the service training courses he successfully completed is not in dispute.  However, records fail to show such additional training or that he qualified with any weapon other than the M-1 rifle.

   b.  Therefore, there is insufficient evidence to support correction of the applicant's records to show additional service training courses successfully completed or award of any additional marksman qualification badges.

5.  The applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal (1st Award) from 11 September 1950 to 10 May 1952.

   a.  He received "excellent" conduct and efficiency ratings during this period of service.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   c.  Records show he was favorably considered for award of the Army Good Conduct Medal on 10 May 1952.

   d.  Therefore, based on the available evidence, it would be appropriate to award the applicant this medal.

6.  The applicant served a qualifying period of active service for award of the National Defense Service Medal.

7.  In view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
11 September 1950 through 10 May 1952; and

	b.  adding the Army Good Conduct Medal (1st Award), National Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle
(M-1) Bar to item 27 of his DD Form 214.

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 additional service training courses completed or award of any additional qualification badges.


      _______ _   __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)                                         AR20110004052



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ABCMR Record of Proceedings (cont)                                         AR20110004052



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