BOARD DATE:	  1 May 2012

		DOCKET NUMBER:  AR20110018210 


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 all awards he is authorized for his military service, to include the Army Good Conduct Medal (AGCM); marksmanship badges; Safe Driver Badge with Driver-W Bar; and commendation letter, certificate, and trophy for outstanding achievement in Basic Combat Training (BCT).

2.  The applicant states his DD Form 214 does not indicate any awards or decorations even though he was awarded badges; and a commendation letter, certificate, and trophy for outstanding achievement during BCT.  He further states he would like to have a complete and accurate record of his service in the Army for himself and to pass on to his children and grandchildren as his military legacy.

3.  The applicant provides:

* his DD Form 214
* his DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 2 June 1961
* Special Orders Number 170, issued by Headquarters, 6th Armored Cavalry, Fort Knox, dated 27 July 1961
* a Letter of Congratulation and a Certificate for Outstanding Achievement from the Commander of Headquarters, 6th Armored Cavalry, Fort Knox, KY, dated 10 August 1961 and 11 August 1961, respectively
* Special Orders Number 29, issued by Headquarters, 509th Signal Battalion, Fort Chaffee, AR, dated 20 February 1964
* a DA Form 24 (Service Record) for the period 2 June 1961 to 1 June 1964
* his DA Form 20 (Enlisted Qualification Record)
* Orders discharging him from the U.S. Army Reserve (USAR), effective
31 May 1967

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.  On 2 June 1961, the applicant enlisted in the Regular Army.  He completed BCT at Fort Knox and advanced individual training at Fort Gordon, GA where he was awarded military occupational specialty 293.60 (Radio Relay and Carrier Operator).  He was presented with a Letter of Congratulation and a Certificate for Outstanding Achievement upon graduating from BCT with the highest proficiency test score.

3.  Special Orders Number 170, dated 27 July 1961, awarded him the Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1).

4.  The applicant successfully completed an overseas tour of duty in the Federal Republic of Germany from 29 November 1961 to 27 September 1963.

5.  Special Orders Number 177, issued by Headquarters, 97th Signal Battalion, dated 10 August 1963, awarded him the Safe Driver Badge with Driver-W Bar (now known as the Driver and Mechanic Badge with Driver-W Bar).

6.  Special Orders Number 29, dated 20 February 1964, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  The applicant was routinely advanced through the ranks to specialist four (SP4)/E-4 and subsequently promoted to sergeant (SGT)/E-5 on 22 October 1963.
8.  Section 4 (Chronological Record of Military Service) of the applicant's
DA Form 24 shows he received "good" conduct and efficiency ratings while attending BCT from 12 June to 11 August 1961.  Thereafter, he received all "excellent" conduct and efficiency ratings.

	a.  On 10 August 1961, upon the occasion of his graduation from BCT, the applicant received a Letter of Congratulation for his outstanding performance.

	b.  On 11 August 1961, he received a Certificate for Outstanding Achievement certifying he had accomplished in accordance with the highest standards of "The Fighting Sixth" by attaining the highest score on the proficiency test for his training unit.

9.  There is no evidence of any derogatory or disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.

10.  On 1 June 1964, the applicant was honorably released from active duty and he was transferred to the USAR to complete his remaining Reserve obligation.  He attained the rank/grade of SGT/E-5.  He completed 3 years of total active service.  The DD Form 214 he was issued at the time shows the entry "None" for awards and decorations.

11.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

13.  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.  It states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  Special orders show the applicant qualified sharpshooter with the M-1 carbine and marksman with the M-14 rifle.  Therefore, his DD Form 214 should be corrected to show the appropriate marksmanship badges.

2.  Special orders awarded him, in effect, the Driver and Mechanic Badge with Driver-W Bar.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  Records show the applicant served during a qualifying period of service for the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant’s record shows he distinguished himself in the performance of his military service as evidenced by his attaining the rank/grade of SGT/E-5 and receiving all "excellent" conduct and efficiency ratings, except for the "good" conduct and efficiency ratings he received for the short period of his BCT.  There is no evidence of any disciplinary or adverse actions in his military records.

5.  While the "good" rating for efficiency during BCT is not disqualifying for award of the AGCM, the "good" rating for conduct is.  However, it does not appear to be in agreement with the praise he received at the end of BCT based on his Letter of Congratulation and Certificate for Outstanding Achievement.  This inconsistency brings into question his corresponding rating of "good" in conduct during the same period of time, as most likely rendered by the same rater.  Based on the applicant's overall quality of service subsequent to his "good" rating in conduct during BCT, it would be appropriate, as an exception to policy, to award the applicant the first award of the AGCM and to correct his DD Form 214 to show this award.

6.  Although records confirm the applicant received a Letter of Congratulation and a Certificate for Outstanding Achievement for attaining the highest proficiency test score during BCT, there is no provision for adding these types of documents to his DD Form 214.  Therefore, there is no basis for granting this portion of his request.


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:

	a.  deleting from his DD Form 214 the "None" entry for awards and decorations;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
2 June 1961 through 1 June 1964; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Driver and Mechanic Badge with Driver-W Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
(M-1)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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 his Letter of Congratulations and Certificate for Outstanding Achievement to 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)                                         AR20110018210



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ABCMR Record of Proceedings (cont)                                         AR20110018210



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