IN THE CASE OF:	  

		BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120002925 


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) for the period ending 16 October 1962 to show the:

* Army Achievement Medal
* Good Conduct Medal
* National Defense Service Medal
* Armed Forces Reserve Medal
* Four awards of the Army Reserve Components Achievement Medal
(4th Award)
* Noncommissioned Officer (NCO) Professional Development Ribbon with
Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Meritorious Service Medal

2.  The applicant states these awards were left off his DD Form 214 for the period ending 16 October 1962.

3.  The applicant provides:

* List of awards shipped to him from the Tank-Automotive and Armaments Command (TACOM) Integrated Logistics Support Center (ILSC), Philadelphia, PA
* Permanent Orders Number 215-14, issued by the Office of the Chief, Army Reserve, Washington, DC, dated 17 May 1989
* DD Form 214 for the period ending 16 October 1962

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 2 May 1960 for a period of 
3 years.  He was trained in and awarded military occupational specialty 140.00 (field artillery basic).  On 13 May 1961, he was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time shows no awards or decorations.

3.  On 14 May 1961, he reenlisted for a period of 3 years.  He trained as a teletype equipment repairman.  On 16 October 1962, he was honorably released from active duty (REFRAD) by reason of hardship in the temporary rank/grade of specialist four (SP4)E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 2 years, 5 months, and 16 days of total active service with no time lost.  The DD Form 214 he was issued for this period of service shows no awards or decorations.

4.  There is no evidence to show the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

5.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 is blank.


6.  Order Number C-11-802714, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 21 November 1988, relieved the applicant from the USAR Control Group (Reinforcement) and assigned him to the USAR Control Group (Retired) effective the date of the orders by reason of completion of
20 or more years in the Reserves.  He attained the rank/grade of master sergeant (MSG)/E-8.

7.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows the:

* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Reserve Medal
* Armed Forces Reserve Components Achievement Medal (4th Award)
* Army Service Ribbon
* Overseas Service Ribbon
* NCO Professional Development Ribbon with Numeral 3
* Army Achievement Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) (for qualification in April 1985)

8.  He provided a list of awards that were shipped to him from TACOM ILSC that included the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Reserve Medal
* Army Reserve Components Achievement Medal (4th Award)
* NCO Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar

9.  Permanent Orders Number 215-14, dated 17 May 1989, awarded the applicant the Meritorious Service Medal for outstanding meritorious service for the period 22 November 1978 to 21 November 1988.

10.  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 that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

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

	a.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after
1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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.

	c.  The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.

	d.  The Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  A bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Army Reserve Components Achievement Medal.

	e.  The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and USAR Soldiers for successful completion of designated NCO professional development courses.
	f.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after
1 August 1981.

	g.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	h.  The basic marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably REFRAD in the temporary rank/grade of SP4/
E-4 with 2 years, 5 months, and 16 days of total active service and no time lost.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 2 May 1960 through 16 October 1962 based on completion of a period of qualifying service ending with the termination of a period of active Federal military service.  Therefore, his DD Form 214 for the period ending 16 October 1962 should be corrected to show this award.

2.  He served a period of qualifying service between 1 January 1961 and
14 August 1974 for entitlement to the National Defense Service Medal.  Therefore, his DD Form 214 for the period ending 16 October 1962 should be corrected to show this award.

3.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his REFRAD.  Since it appears he earned the remaining awards listed on the TACOM ILSC packing list and the Meritorious Service Medal after his REFRAD, there is no basis for adding these awards to his DD Form 214 for the period ending 16 October 1962.

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 his DD Form 214 for the period ending 16 October 1962 the:

* Army Good Conduct Medal (1st Award)
* 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 adding any additional awards to his DD Form 214 for the period ending 16 October 1962.



      _____________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)                                         AR20120002925



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ABCMR Record of Proceedings (cont)                                         AR20120002925



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