IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110008165 


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 add awards of the Combat Infantryman Badge and Army Good Conduct Medal and completion of the Air-Drop Course.

2.  The applicant states:

	a.  He was assigned to Company C, 1st Battalion, 504th Infantry Brigade, 82nd Airborne Division, located at Fort Bragg, NC, from 12 December 1964 to 5 June 1967.  He was transferred to Company B, 2nd Battalion, 508th Infantry Brigade, 82nd Airborne Division, on 5 June 1967 for separation purposes.

	b.  He participated in the civil war in Santo Domingo, the Dominican Republic, from 3 May 1965 to 28 July 1966.  He was awarded the Combat Infantryman Badge on 29 July 1965.

	c.  He attended and completed the Air-Drop Course at the Air Delivery School from 2 August 1966 to 7 August 1966.  He indicates the date on the certificate of completion for this course is incorrect because he had just returned to the United States from the Dominican Republic on 28 July 1966.

	d.  His DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings in all duty assignments.



3.  The applicant provides:

* Combat Infantryman Badge orders
* DD Form 214
* DA Form 61 (Application for Appointment)
* certificate of completion for the Air-Drop Course
* DA Form 20
* letter of commendation
* DA Form 1049 (Personnel Action)
 
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 2 July 1964 for a period of 2 years.  He completed training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman) and later MOS 11C4P (infantry indirect fire crewman, parachute qualified).  He served in the Dominican Republic from 3 May 1965 to 28 July 1966.  On 1 July 1967, he was released from active duty in the rank of sergeant after completing 3 years of creditable active service with no lost time.

3.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Combat Infantryman Badge or Army Good Conduct Medal as authorized awards.  Item 25 (Education and Training completed) of his DD Form 214 does not show the Air-Drop Course.

4.  Special Orders Number 175, dated 29 July 1965, show he was awarded the Combat Infantryman Badge.

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

6.  He provides a certificate of completion which shows he completed the Air-Drop Course at Fort Bragg in 1966.  He also provides a DA Form 61 which shows he attended and completed the Air Mobility Course at the Air Delivery School during the period 2 August 1966 to 7 August 1966.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time provided that item 25 would list service schools, including major courses that were successfully completed, and military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Special orders show he was awarded the Combat Infantryman Badge.  His DD Form 214 should be corrected to show this badge.

2.  He was released from active duty in the rank of sergeant with 3 years of creditable active service with no lost time.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  Therefore, it appears he met the eligibility criteria for the first award of the Army Good Conduct Medal based on completion of a period of qualifying service of 3 years from 2 July 1964 through 1 July 1967.  He should be awarded the Army Good Conduct Medal and his DD Form 214 should be corrected to show this medal.

3.  The evidence shows he completed the Air-Drop Course in 1966.  Therefore, item 25 of his DD Form 214 should be corrected to show this course.



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 him the Army Good Conduct Medal (1st Award) for the period 2 July 1964 through 1 July 1967,

	b.  adding the Army Good Conduct Medal (1st Award) and Combat Infantryman Badge to item 24 of his DD Form 214, and

	c.  adding the Air-Drop Course to item 25 of his DD Form 214.



      ____________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)                                         AR20110008165



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ABCMR Record of Proceedings (cont)                                         AR20110008165



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