IN THE CASE OF:	  

		BOARD DATE:  12 June 2012

		DOCKET NUMBER:  AR20110023377 


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:

	a.  Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 2 December 1952 to show his assignment to the 82nd Airborne Division from 17 December 1949 to 1 March 1952;

	b.  Correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending:

* 30 August 1956, to show his assignment to the Aviary Section 8240, Korea, from 23 November 1953 to 20 September 1954 and award of the Republic of Korea Parachutist Badge
* 23 August 1968, to show the Armed Forces of the Philippines (AFP) Master Parachutist Badge
* 31 October 1970, to show his last duty assignment as the 5th Special Forces Group and award of the Army Good Conduct Medal (6th Award)

	c.  Correction of item 23 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) to show his organization and station as Aviary Section 8240, Korea, from 23 November 1953 to 20 September 1954 vice ADC Detachment 8157.


2.  The applicant states some of his DD Forms 214 are missing some of his awards and units of assignment.  He was never assigned to ADC Detachment 8157.  He attends many reunions with veteran organizations and he does not want to claim assignments or awards unless they are reflected on his
DD Form 214.

3.  The applicant provides:

* DD Forms 214 for the period ending 30 August 1956 and 31 October 1970 
* Two pages of his DA Form 20 
* WD AGO Form 20 (Soldier's Qualification Card)
* Four orders (2 general orders, a special order, and a bulletin order)

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 (RA) on 1 July 1949 and he held military occupational specialty (MOS) 209 (Parachute Inspector).  He was honorably discharged on 2 December 1952 at the expiration of his term of service.  He completed 3 years, 5 months, and 2 days of net service for pay this period.

3.  Item 28 (Most Significant Assignment) (i.e. last unit of assignment) of the DD Form 214 he was issued shows the 1620th Quartermaster Airborne Support and Packing Company, 8081, Korea.

4.  He enlisted in the RA on 8 September 1953 for a period of 3 years.  He held MOS 464.63 (Parachute Rigger).  He was honorably discharged on 30 August 1956 for the purpose of immediate reenlistment.  He completed 2 years, 11 months, and 23 days of net service this period.


5.  Item 12 (Last Duty Assignment and Major Command) of the DD Form 214 he was issued shows the 549th Airborne Quartermaster Company, Korea.

6.  He reenlisted in the RA on 31 August 1956 for a period of 3 years.  He was honorably discharged from active duty on 30 July 1959.  He completed 2 years and 11 months of net service this period.

7.  The DD Form 214 he was issued does not show award of the Republic of Korea Parachutist Badge.

8.  His DA Form 20 does not show award of the Republic of Korea Parachutist Badge.  His records do not contain orders authorizing him to accept, retain, and permanently wear the Republic of Korea Parachutist Badge.

9.  He enlisted in the RA on 25 August 1959 for a period of 3 years and he held MOS 11B (Light Weapons Infantryman).  He was discharged on 24 August 1962 for the purpose of immediate reenlistment.  He completed 3 years of net service this period.

10.  He reenlisted in the RA on 25 August 1962 for a period of 3 years.  He was discharged for the purpose of immediate reenlistment on 24 August 1965.  He completed 3 years of net service this period.

11.  He reenlisted in the RA on 25 August 1965 for a period of 3 years.  He was discharged for the purpose of immediate reenlistment on 23 August 1968.  He completed 2 years, 11 months, and 29 days of net service this period.

12.  The DD Form 214 he was issued does not show award of the AFP Master Parachutist Badge (Honorary).

13.  He reenlisted in the RA on 24 August 1968 for a period of 3 years.  He was retired on 31 October 1970 by reason of sufficient service for retirement.  He completed 2 years, 2 months, and 8 days of net service this period for 20 years, 6 months, and 7 days of total active service.

14.  Item 12 of the DD Form 214 for this period of service shows the 1st Special Forces, U.S. Army Pacific (USARPAC).  This DD Form 214 does not show award of the Army Good Conduct Medal.


15.  His DA Form 20 shows that during this period of service he was assigned to:

* 1st Special Forces Group, 1st Special Forces, USARPAC from 24 August 1968 through 24 March 1970
* 5th Special Forces Group, 1st Special Forces, USARPAC, from 25 March through 31 October 1970

16.  The applicant provides:

* Bulletin Order Number 2, issued by Headquarters, 1st Combat Group, Korea, dated 17 May 1958, wherein it stated "…Having completed the basic airborne course as prescribed by headquarters, The Republic of Korea Army, [Applicant] is awarded the Parachutist Badge"
* General Orders Number 106, issued by Headquarters, Philippine Army, dated 21 December 1967, awarded him the AFP Master Parachutist Badge (Honorary)
* General Orders Number 1245, issued by Headquarters, 5th Special Forces Group, 1st Special Forces, dated 12 July 1970, awarded him the Army Good Conduct Medal (6th Award) for the period 11 September 1966 through 10 September 1969

17.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria concerned for the specific award.  Commanders of major overseas command are delegated authority to approve the acceptance, retention, and permanent wear of such badges.  Badges presented to personnel such as honorary badges, identification devices, insignia, etc., are considered gifts.  They will not be authorized for wear nor entered in official military personnel records.

18.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated in:

* Item 12 enter the last unit of assignment and major command or agency having jurisdiction over the losing unit of assignment
* In item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) (item 24 on later versions of the DD Form 214) enter decorations, etc., awarded or authorized during the period covered by the DD Form 214


19.  The DA Form 20 provides a record of individual personnel management qualifications such as grade, skills, physical limitations, and assignment history and is used primarily by personnel managers at unit level to support the Army’s personnel life-cycle function of sustainment.  The DA Form 20 is not maintained or updated subsequent to a Soldier's separation from active duty.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Good Conduct Medal (6th Award) on 12 July 1970 which is not shown on his DD Form 214 for the period ending 31 October 1970.  Therefore, his DD Form 214 for the period ending 31 October 1970 should be corrected to show this award.

2.  He was assigned to the 5th Special Forces Group, 1st Special Forces, USARPAC from 25 March through 31 October 1970.  Therefore, his DD Form 214 for the period ending 31 October 1970 should be corrected to show his complete last unit of assignment.

3.  With respect to the Republic of Korea Parachutist Badge, his record does not contain orders authorizing him to accept, retain, or wear this badge.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

4.  With respect to the AFP Master Parachutist Badge (Honorary), honorary badges are considered gifts and not authorized for wear or entry on the DD Form 214.  Therefore, there is no basis for granting this portion of his request.

5.  With respect to his assignment to the 82nd Airborne Division and the Aviary Section 8240, Korea, the regulatory guidance states the last duty assignment will be shown on the DD Form 214.  There are no provisions for listing additional units the Soldier was assigned to during the period covered by the DD Form 214.  As his DD Form 214 for the periods ending 2 December 1952 and 30 August 1956, correctly show his last unit of assignment, he is not entitled to the requested relief.

6.  With respect to correcting his DA Form 20 to show his unit as Aviary Section 8240, Korea, the DA Form 20 is not maintained or updated subsequent to a Soldier's separation from active duty.  His military service record shows he was retired on 31 October 1970.  As such, his DA Form 20 is no longer active.  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 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 12 of his DD Form 214 for the period ending 31 October 1970 the entry "1st Special Forces USARPAC" and replacing it with the entry "5th Special Forces Group 1st Special Forces USARPAC," and

	b.  adding to item 24 of his DD Form 214 for the period ending 31 October 1970 the Army Good Conduct Medal (6th Award).

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:

	a.  correcting his DA Form 20 to show his organization and station as Aviary Section 8240, Korea, and

	b.  adding to his various DD Forms 214 the:

* Republic of Korea Parachutist Badge
* Armed Forces of the Philippines Master Parachutist Badge
* 82nd Airborne Division



      __________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)                                         AR20110023377



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ABCMR Record of Proceedings (cont)                                         AR20110023377



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