IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110005940 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Army Good Conduct Medal
* Combat Infantryman Badge
* Parachutist Badge

2.  The applicant states he completed the Basic Airborne Course, Class 37, graduating on 13 April 1951.  He has a picture that was taken at the time of graduation from the Noncommissioned Officer (NCO) school.  The picture shows he was wearing a combat badge on his uniform.  

3.  The applicant provides:

* DD Form 214, dated 1 October 1959
* Certificate showing completion of the Advanced Leader Course
* Certificate showing completion of the Basic Airborne Course
* A group photograph of Soldiers

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 his 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 reconstructed records contain a DD Form 214 (Report of Separation or Discharge – Armed Forces of the United States) that shows he enlisted in the Regular Army for 1 year and entered active duty in Atlanta, GA, on 29 September 1949.  

4.  This form further shows he held military occupational specialty (MOS) 0014 (Auto Mechanic) at the time of his separation and that his most significant duty assignment (i.e., last duty assignment) was with Company C, 41st Armored Infantry Battalion.  

5.  His DD Form 214 further shows he was honorably discharged on 23 August 1950.  He completed 10 months and 24 days of creditable active service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 does not list any awards or decorations.

6.  The applicant provides a DD Form 214 that shows he enlisted in the Regular Army for 6 years on 28 January 1955.  This form further shows he held MOS 141.60 (Field Artillery Basic) at the time of his separation and that his last assignment was with Battery B, 2nd Howitzer Battalion, 11th Artillery.  

7.  This DD Form 214 further shows he completed 4 years, 8 months, and 3 days of creditable active military service, of which 2 years, 4 months, and 18 days was foreign service, and 1 day of lost time.  Additionally, he had previously completed 5 years, 3 months, and 27 days of other service.  

8.  He was discharged in the rank/grade of private first class/E-3 at Fort Campbell, KY, on 1 October 1959, under the provisions of paragraph 3b of Army Regulation 635-209 (Personnel Separations - Discharge - Inaptitude or Unsuitability) with an under honorable conditions (general) character of service.  

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 does not show any awards or decorations.  

10.  His reconstructed records do not contain official orders awarding him the Army Good Conduct Medal, the Combat Infantryman Badge, or the Parachutist Badge.

11.  He submitted:

	a.  A certificate showing he completed the Advanced Leaders Course at Fort Benning, GA, from 3 to 15 January 1955.  He held the rank of sergeant at the time. 

	b.  A certificate, dated 14 April 1951, that shows he completed the Basic Airborne Course at Fort Benning, GA, on that date. 

	c.  A group photograph of Soldiers. 

12.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  The regulation states a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in any of the following conflicts, applicable to the applicant:  

* World War II (7 December 1941 to 3 September 1945)
* The Korean War (27 June 1950 to 27 July 1953)
* Republic of Vietnam Conflict (2 March 1961 to 28 March 1973), combined with qualifying service in Laos (19 April 1961 to 6 October 1962)

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* Each 3 years 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
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty
* For first award only, for those individuals who died before completing
1 year of active Federal service if the death occurred in the line of duty.  

	c.  The Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

	d.  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.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Parachutist Badge, the applicant provides a certificate that shows he completed the Basic Airborne Course at Fort Benning, GA.  Therefore, he is entitled to correction of his DD Form 214 to show the Parachutist Badge. 

2.  The applicant served a qualifying period for award of the National Defense Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  With respect to the Combat Infantryman Badge, his reconstructed records do not contain official orders awarding him the Combat Infantryman Badge.  Additionally, his DD Forms 214 shows he held a maintenance MOS during his first period of service and an artillery MOS during his second period.  Additionally, there is no evidence that shows he was even assigned to an area (Korea during the Korean War or Vietnam during the Vietnam War) that could have qualified him for award of the Combat Infantryman Badge.  Therefore, there is insufficient evidence to show he met the criteria for this badge. 

4.  With respect to the Army Good Conduct Medal during his first period of service, there are no official orders in his reconstructed records that show he was awarded this medal.  Additionally, he completed 10 months and 24 days of creditable active service during the period covered by his first DD Form 214.  This service would not have been sufficient to award him the Army Good Conduct Medal.  

5.  With respect to the Army Good Conduct Medal during his second period of service, there are no official orders in his reconstructed records that show he was awarded this medal.  Additionally: 

	a.  although he completed 4 years, 8 months, and 3 days of creditable active military service, of which 2 years, 4 months, and 18 days was foreign service, during the period covered by the DD Form 214 he provides, his conduct and efficiency ratings are unknown.  

	b.  his DA Form 20 (Enlisted Qualification Record) which would have listed his conduct and efficiency ratings is not available for review with this case.  Nevertheless, his DD Form 214 shows he had lost time, he no longer held the rank of sergeant, and he was discharged for unsuitability.  

	c.  therefore, there is insufficient evidence to support awarding him the Good Conduct Medal in this case.

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 adding to item 26 of his DD Form 214 ending on 1 October 1969, the:

* Parachutist Badge
* National Defense Service Medal

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 correcting his DD Form 214 to show the:

* Army Good Conduct Medal
* Combat Infantryman Badge



      _______ _   _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)                                         AR20110005940



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110005940



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1