IN THE CASE OF:	  

		BOARD DATE:  18 September 2012

		DOCKET NUMBER:  AR20120002137 


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 his DD Form 214 (Report of Transfer or Discharge) be corrected to show:

	a.  completion of the Fixed Wing Multi-Engine Aircraft Maintenance course and the OV-1 Mohawk Twin Engine Turboprop Maintenance course, in addition to the Single Rotor Observation Helicopter Maintenance Course (a request for reconsideration);

	b.  his height as 5 foot, 8 inches (a request for reconsideration);

	c.  award of the Good Conduct Medal and Sharpshooter Marksmanship Qualification Badge (new issues); and 

	d.  he was converted from specialist six (SP6) (E-6) to staff sergeant (SSG) (E-6) and released from active duty with that rank title (a request for reconsideration). 

2.  The applicant states that his prior requests for correction of his records have not resolved the issues of errors on his DD Form 214 and contends: 

	a.  he attended Fixed Wing Multi-Engine Aircraft Maintenance course after basic training, the OV-1 Mohawk Twin Engine Turboprop Maintenance course in the fall of 1961, and the Single Rotor Observation Helicopter School in March 1962;

	b.  he is 5 foot 8 inches not 6 foot 8 inches as shown on his DD Form 214;

	c.  he qualified as a sharpshooter in basic training and was awarded the Good Conduct Medal in July 1960; and

	d.  shortly before being released from active duty in 1962 he was converted from SP6 to SSG;

3.  The applicant provides copies of his 15 August 1962 DD Form 214, a 24 January 1958 Fixed Wing Multi-Engine Aircraft Maintenance Course Diploma, a 23 March 1962 Single Rotor Observation Helicopter Maintenance Course Diploma, a 23 March 1962 Letter of Commendation with 1st endorsement, and a graduation photograph self-titled "Grumman Aircraft Graduation Photo December 1961."

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2004100746 on 10 August 2004.

2.  Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  

3.  The applicant has not provided any new evidence or argument as it relates to his conversion from SP6 to SSG.  Because his request for reconsideration was not received within one year of the original decisional document, these portions of his request will not be addressed further and the ABCMR will not consider any further requests for reconsideration of this matter.  

4.  The issues concerning the Good Conduct Medal and marksmanship qualification badge were not previously addressed and constitute new issues warranting ABCMR review.

5.  The prior decisional document addressed the majority of the issues as they related to the applicant's 15 August 1962 DD Form 214; however, it did not address these issues as they relate to his 8 July 1960 DD Form 214.  Therefore, the issues as they relate to the earlier period of active duty do warrant an additional review as a new issue.

6.  The applicant served on active duty in the Regular Army from 9 July 1957 through 8 July 1960 with transfer to the U.S. Army Reserve (USAR) XX Corps to complete his obligated military service.

7.  His DA Form 24 (Service Record) for the period 9 July 1957 to 8 July 1960 shows:

	a.  advancement to specialist four;

	b.  conduct and efficiency marks of “excellent” or “unknown”; and 

	c.  qualification with the carbine as an expert on 15 October 1958 and as a sharpshooter on 4 November 1958;

8.  His 8 July 1960 DD Form 214 shows: 

	a.  exactly 3 years of creditable service;

	b.  his height is 67 inches;

	c.  no authorized awards or decorations; and 

	d.  attendance at the Aircraft Maintenance and Fixed Wing Aircraft Maintenance course from 27 September 1957 through 24 January 1958. 

9.  On 18 September 1960, the applicant enlisted in the West Virginia Army National Guard.  While serving in the National Guard, his unit was activated on 15 October 1961.

10.  On 23 March 1962, the applicant received a diploma for completion of the Single Rotor Observation Helicopter Maintenance Course.  He received a Letter of Commendation for finishing first in his class.

11.  His DA Form 24 for this period shows:

	a.  conduct and efficiency marks of “excellent” or “unknown”; and 

	b.  no awards or decorations authorized.

12.  His 15 August 1962 DD Form 214 shows:
	a.  he was released from active duty and returned to the control of the West Virginia Army National Guard;

	b.  his height is 68 inches;

	c.  he had 10 months and 1 day of creditable service;

	d.  no authorized awards or decorations; and

	e.  attendance at the Multi-Engine Observation Aircraft Maintenance course from 10 February 1962 to 22 March 1962.

13.  The applicant was discharged from the Army National Guard effective 24 January 1964.

14.  The ABCMR reviewed the applicant's records on 10 August 2004.  It directed correction of his 15 August 1962 DD Form 214 to show he attended the Single Rotor Observation Helicopter Maintenance Course not the Multi-Engine Observation Aircraft Maintenance course shown on the DD Form 214.  The Board denied the remainder of the applicant's request at that time.

15.  Army Regulation 635-5 (Separation Documents) 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 and states 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, retirement, or discharge.  It also state that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 are to be included on the form.

16.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  At the time the enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  

17.  Army Regulation 600-8-22 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.  

DISCUSSION AND CONCLUSIONS:

1.  The available record shows completion of the Aircraft Maintenance and Fixed Wing Aircraft Maintenance course during his first period of active duty.  This course is properly shown on only the 8 July 1960 DD Form 214. 

2.  His 15 August 1962 DD Form 214 showed completion of the Multi-Engine Observation Aircraft Maintenance course on 22 March 1962 whereas the training diploma and Letter of Commendation refer to it as the Single Rotor Observation Helicopter Maintenance Course.  The applicant has not provided and the record does not contain any evidence that the applicant attended the Multi-Engine Observation Aircraft Maintenance course during either period of active duty.

3.  Therefore, the prior decision to delete the Multi-Engine Observation Aircraft Maintenance course and replace it with the Single Rotor Observation Helicopter Maintenance Course appears to have been appropriate.

4.  The applicant does not appear to realize that the "68" height entry on his      15 August DD Form 214 is exactly what he is requesting to be shown; 68 inches is 5 foot and 8 inches.  No correction of this entry is warranted on that DD Form 214.  The entry on his 8 July 1960 DD Form 214 showing his height as “67” (5 foot and 7 inches) is within a normal measurement discrepancy and should not be changed.

5.  During the applicant's first period of active duty, he distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his promotion to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to accept the applicant's statement that he was awarded the Good Conduct Medal for his period of service from 9 July 1957 through 8 July 1960 and add it to his 8 July 1960 DD Form 214.

6.  The applicant initially qualified as an expert with the carbine on 15 October 1958 but was downgraded to sharpshooter level based on his subsequent 4 November 1958 qualification test.  The Sharpshooter Marksmanship Qualification Badge with Carbine Bar was omitted from his 8 July 1960.  It is appropriate to add this badge to his DD Form 214.

7.  During his second period of active duty, he was eligible for award of the National Defense Service Medal.  This award should be added to his 15 August 1962 DD Form 214.

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.

2.  As regard the new issues, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on the applicant's 8 July 1960 DD Form 214 his awards as the Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar and showing on his 15 August 1962 he was awarded the National Defense Service Medal.

3.  As regard the reconsideration issues, the Board further determined that the evidence presented is insufficient to warrant amendment of the ABCMR’s decision in Docket Number AR2004100746 on 10 August 2004.  



      __________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)                                         AR20120002137





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ABCMR Record of Proceedings (cont)                                         AR20120002137



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