IN THE CASE OF:	

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110005285 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 October 1979:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – add the Meritorious Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar
* item 14 (Military Education) – add the Communications Center Specialist Course and Basic Instructor Training Course

2.  The applicant states the information was not transcribed onto his last DD Form 214.

3.  The applicant provides:

* order for award of the Meritorious Service Medal with Meritorious Service Medal Certificate
* DD Form 214 with an effective date of 20 April 1965
* DD Form 214 with an effective date of 10 May 1973
* DD Form 214 with a separation date of 31 October 1979

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.  He enlisted in the Regular Army on 29 July 1963 with 3 years, 10 months, and 26 days of prior military service.  On 21 April 1965, he reenlisted for a period of 6 years.  He was issued a DD Form 214 for the period 29 July 1963 to 20 April 1965.

	a.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

	b.  Item 28 (Service Schools or Colleges, College Training Courses, and/or Post-Graduate Courses Successfully Completed) indicates he attended the Communications Center Specialist Course from 13 September to 5 December 1963.

3.  He was issued a DD Form 214 for the period 1 March 1971 to 10 May 1973.

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal (3rd Award)
* Joint Chiefs of Staff Identification Badge
* Marine Corps Good Conduct Medal

	b.  Item 25 (Education and Training Completed) indicates he completed the Communications Center Specialist Course in 1963 and the Basic Instructor Training Course in 1964.

4.  He was issued a DD Form 214 for the period 11 May 1973 to 31 October 1979 (the date of his retirement).


	a.  Item 13 indicates he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal (3rd Award)
* Army Commendation Medal with First Oak Leaf Cluster
* Joint Chiefs of Staff Identification Badge
* Marine Corps Good Conduct Medal

	b.  Item 14 is blank.

5.  Headquarters, 7th Signal Command and Fort Ritchie, Fort Ritchie, MD, Permanent Order 96-1, dated 15 October 1979, awarded him the Meritorious Service Medal for meritorious service for the period 9 May 1978 to 31 October 1979.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation then in effect stated that in-service training courses successfully completed during the period of service covered would be entered in item 14.

DISCUSSION AND CONCLUSIONS:

1.  He was awarded the Meritorious Service Medal.  Therefore, this award should be added to his 31 October 1979 DD Form 214.

2.  Item 13 of his DD Form 214 with a separation date of 31 October 1979 indicates that awards from all periods of service are to be included.  Therefore, the Expert Marksmanship Qualification Badge with Rifle Bar from his DD Form 214 with an effective date of 20 April 1965 should be added to his last DD Form 214.

3.  Only those training courses completed during the period covered by the DD Form 214 are to be entered in item 14.  Therefore, the training courses he completed in 1963 and 1964 would not be entered on his DD Form 214 for the period 11 May 1973 to 31 October 1979.  

4.  The applicant is recognized with completion of those courses with their entries on his DD Forms 214 for the period ending 20 April 1965 and/or 10 March 1973.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending item 13 of his DD Form 214 with a separation date of 31 October 1979 to add the:

* Meritorious Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined that the evidence presented was 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 training courses.



      ___________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)                                         AR20110005285



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ABCMR Record of Proceedings (cont)                                         AR20110005285



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