IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110009202 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Army Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1), to correct his weight shown on this form, and to show he attended the Intercept Equipment Repairman course at Fort Meade, MD, from November 1964 to February 1965.

2.  He states he saw the orders awarding him the AGCM at Vint Hill Farms Station, VA, on 29 July 1965, but the award is not listed on his DD Form 214 and he did not receive it.  He also indicated in handwritten notations on the DD Form 214 he provides that his weight was erroneously entered as "150" and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1) and a course he attended at Fort Meade were left off the form.

3.  He provides his DD Form 214.

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 31 July 1962 for a period of
3 years.  After completing training, he was awarded military occupational specialty (MOS) 286 (Interception Equipment Repairman).

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

* item 29 (Foreign Service) he served in Korea from 8 July 1963 through
24 July 1964
* item 33 (Record of Assignments) he was assigned to the:

* Intercept Equipment Repairman Service School at Fort Devens, MA, from 9 January to on or about 11 July 1963
* the Interception Equipment Repairman School at Fort Meade, MD, from 22 October 1964 to on or about 12 February 1965

* item 33 (Record of Assignments) shows he was assigned to the Student Company, U.S. Army Security Agency Support Group, Fort Meade, MD with a principal duty of “Int Equip Rep School” from 22 October 1964 through 12 February 1965

4.  The record is void of documentation showing he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1) or that he qualified sharpshooter with that weapon.

5.  He was honorably released from active duty on 30 July 1965 after completing 3 years of total active service.  The DD Form 214 he was issued at the time shows in:

* item 7f (Weight) the entry "150"
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:


* Marksman Marksmanship Qualification Badge with Carbine Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

* item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) he completed the Intercept Equipment Repairman course at Fort Devens, MA, during the period 9 January to 12 June 1963

6.  His record includes two National Security Agency (NSA) Forms E6013 showing he attended and completed the following courses at Fort Meade, MD:

* Solid State Principles and Applications course from 26 October to 18 December 1964
* AN/TCA-4A Maintenance course from 4 January to 12 February 1965

7.  A Standard Form 88 (Report of Medical Examination), dated 27 May 1965, shows he underwent a medical examination for the purpose of separation.  Item 52 (Weight) shows the entry "264."

8.  General Orders Number 58, issued by Headquarters, Vint Hill Farms Station, Warrenton, VA, dated 29 July 1965, awarded the applicant the AGCM
(1st Award) for the period 31 July 1962 to DOS OA (date of separation on or about) 30 July 1965.

9.  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 version in effect at the time stated that for:

	a.  item 7f, use present weight;

	b.  item 26, enter decorations, etc., awarded or authorized during the period covered by the DD Form 214; and

	c.  item 28, enter service schools, including dates and major courses which were successfully completed.

10.  Army Regulation 600-8-22 (Military Awards) states 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.

11.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1) or that he qualified sharpshooter with that weapon.  In the absence of such documentation, he is not entitled to correction of his DD Form 214 to show this qualification badge.

2.  General orders awarded him the Army Good Conduct Medal (1st Award) for the period 31 July 1962 to DOS OA 30 July 1965.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  His DD Form 214 shows his weight as 150 pounds; however, his separation medical examination shows he weighed 264 pounds.  This is the most accurate available measure of his weight prior to his release from active duty.  Therefore, it would be appropriate to correct his DD Form 214 to show his weight as 264.

4.  Item 33 of his DA Form 20 indicates he attended an Intercept Equipment Repairman course at Fort Meade in 1964 – 1965; however, such a course is not listed in item 26.  Therefore, there is insufficient evidence of record, and he did not provide any evidence, confirming he completed the Intercept Equipment Repairman Course at Fort Meade, MD.  In the absence of such evidence there is no basis for granting this portion of his request.

5.  However, the record shows he completed the Solid State Principles and Applications and AN/TCA-4A Maintenance courses at Fort Meade, MD, in 1964 and 1965.  Therefore, it would be appropriate to correct his DD Form 214 to show these courses.

6.  He completed qualifying periods for the National Defense Service Medal and the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.



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.  deleting from item 7f of his DD Form 214 the entry "150" and replacing it with the entry "264";

	b.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korea Defense Service Medal

	c.  adding to the appropriate blocks in item 28 of his DD Form 214 the entry:

* Fort Meade, MD – 26 October - 18 December 1964 – Solid State Principles and Applications
* Fort Meade, MD – 4 January - 12 February 1965 – AN/TCA-4A Maintenance

	d.  issuing him the medal set for the first award of the Army Good Conduct 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 to adding to item 26 of his
DD Form 214 the Sharpshooter Marksmanship Qualification Badge with Carbine 


Bar (M-1) and adding to item 28 of his DD Form 214 an entry showing he completed the Intercept Equipment Repairman Course at Fort Meade, MD, between 1964 and 1965.



      ___________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)                                         AR20110009202



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ABCMR Record of Proceedings (cont)                                         AR20110009202



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