IN THE CASE OF:	  

		BOARD DATE:	    23 February 2012

		DOCKET NUMBER:  AR20110015852 


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 (Report of Separation from the Armed Forces of the United States) to show:

* he attended cook's school
* awards for overseas service in Germany

2.  The applicant states he went to cook's school at Fort Sheridan, IL, then he went to Germany.

3.  The applicant provides a copy of 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’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 the applicant’s 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 was an Army National Guard (ARNG) Soldier.  He was ordered to active duty on 22 November 1951 for the purpose of attending cooking school at Fort Sheridan.  He attended cooking school from 22 November 1951 to
2 February 1952.  He was honorably released from active duty on 14 February 1952 for the convenience of the Government to reenter active military service with his ARNG unit.  The DD Form 214 he was issued at the time shows in:

* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entry "None"
* item 30 (Service School or Colleges., College Training Courses and/or Post-Grad Courses Successfully Completed) he completed the Food Service School at Fort Sheridan, Il, during the period 22 November 1951 to 2 February 1952

4.  In February 1952, the applicant again entered active duty.  He served with Headquarters Battery, 103rd Field Artillery Battalion.  He was honorably released from active duty on 23 July 1953 and transferred to State control.  He served
5 months and 19 days of overseas service during this period of service.  The
DD Form 214 he was issued for this period of service shows in:

* item 27 the entry "NA" (not applicable)
* item 30 the entry "NA"

5.  The 103rd Field Artillery Battalion is a unit of the Rhode Island Army National Guard.  In 1950, during the Korean War, the 103d Field Artillery was mobilized and inducted into Federal service.  They were sent to Germany where their mission was to reinforce U.S. Army units maintaining peace along the East and West German borders.

6.  Orders show the applicant was among a group of Soldiers who returned to the United States at Camp Kilmer, NJ aboard the U.S. Naval Ship Eltinge on or about 18 July 1953.  He then was sent to Fort Sheridan for separation processing.


7.  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.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear cut record of active duty service at the time of release from active duty.  It states for:

* item 27, enter decorations, etc., awarded or authorized during the period covered by the DD Form 214
* item 30, enter service schools, including dates and major courses which were successfully completed during the period covered by the DD Form 214 being prepared

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during two period of active service for which he was issued two separate DD Forms 214.

	a.  The first DD Form 214 shows he was ordered to active service to attend the Food Service School at Fort Sheridan.  The dates of this DD Form 214 are 22 November 1951 through 14 February 1952.

	b.  The second DD Form 214 shows active service from an unknown date in February 1952 through 23 July 1953.  During this period of service he served with the 103rd Field Artillery Battalion which was located in Germany.

2.  The DD Form 214 for the period ending 14 February 1952 appropriately shows his completion of his cooking course at the Food Service School at Fort Sheridan.  Therefore, there is no basis for adding this school to his DD Form 214 for the period ending 23 July 1953.

3.  There were no service medals for duty in Germany during the applicant's period of service; however, the National Defense Service Medal was awarded for any period of active service between 27 July 1950 and 27 July 1954.  Therefore, his DD Form 214 for the period ending 14 February 1952 should be corrected to show this award.
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 27 of his DD Form 214 for the period ending 14 February 1952 the 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 to listing the Food Service School or any awards on his DD Form 214 for the period ending 23 July 1953.



      ___________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)                                         AR20110015852



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ABCMR Record of Proceedings (cont)                                         AR20110015852



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