IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120021710
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 award of the National Defense Service Medal (NDSM), and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he maintained military occupational specialty (MOS) 112.00 (Heavy Weapons Infantryman) as his secondary MOS (SMOS).
2. The applicant states:
* he served on active duty during the period 1961 to 1975
* at the end of basic training at Fort Ord, CA, he was ordered to advanced individual training (AIT) he completed AIT and was awarded MOS 112.00
* he did not attend formal training at the Military Police (MP) school he received on-the-job (OJT) training
* at the completion of AIT he was given orders for the Presidio of San Francisco, CA (PSFC) as an infantry honor guard
* before he arrived at the PSFC, his orders were changed and he was assigned to the 163rd MP Company, for assignment as an MP
3. The applicant provides his DD Form 214 in support of his request.
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 30 January 1961. He completed his initial entry training (IET) at Fort Ord, CA. On or about 14 July 1961, upon completion of his IET, he was awarded MOS 112.00 and reassigned to PSFC.
* Section 4 (Chronological Record of Military Service) of his DA Form
24 (Service Record) shows he was assigned to the 163rd MP Company, in duty MOS (DMOS) 951.10 (MP), effective 15 July 1961
* Item 33 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 163rd MP Company, in DMOS 950.00 (Security Guard), effective on or about 17 July 1961
3. Item 32 (Classification in MOSs) of his DA Form 20 shows he was awarded MOS 950.00 as his primary MOS (PMOS), effective 16 October 1961. At this time, MOS 112.00 was awarded as his SMOS. On 17 January 1962, he was further reclassified and MOS 951.10 was awarded as his PMOS.
4. On or about 6 June 1962, he was reassigned to the 537th MP Company in the Federal Republic of Germany. Section 4 of his DA Form 24 (Service Record) shows he was assigned in DMOS 951.10.
5. On 12 January 1964, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 2 years, 11 months, and 13 days of net service during this period of active duty, including 1 year, 7 months, and 15 days of foreign service in U.S. Army Europe. The highest rank/grade he attained while serving on active duty was specialist four/E-4.
a. Item 25a (Specialty Number and Title) of his DD Form 214 shows that at the time of separation he held in MOS 951.10.
b. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not indicate he was awarded or authorized the NDSM.
c. Item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) of his DD Form 214 shows he completed the MP course of instruction, under the auspices of the Provost Marshal General Center and School, from 15 July through 14 September 1961.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the NDSM is awarded for honorable active service for any period between
1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
7. 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. Section III, of the version in effect at the time, prescribed the procedures to follow when preparing the DD Form 214. Specifically, paragraph 53 provided that for item 25a, the preparer would enter the PMOS and title. No instructions are provided for the annotation of a Soldier's SMOS.
8. A review of the applicant's record indicates he is entitled to additional awards which are not shown on his DD Form 214.
9. There is no evidence in the available record that shows he was awarded the Army Good Conduct Medal; however, neither is there evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by court-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).
10. Section 4 of his DA Form 24 shows he consistently received "excellent" conduct and efficiency ratings throughout his service.
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 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he completed a qualifying period of service for award of the NDSM; therefore, he is entitled to correction of his DD Form 214 to show this award.
2. His record does not indicate he was previously awarded the Army Good Conduct Medal; however, nor does it indicate he received any unfavorable ratings and/or convictions by court-martial. His record shows he completed
2 years, 11 months, and 13 days of net service during this period of active service, during which time he received all "excellent" conduct and efficiency ratings. Furthermore, he was honorably released from active duty and he had no lost time. It appears he met the criteria for award of the Army Good Conduct Medal.
3. He contends his DD Form 214 should be corrected to show he maintained MOS 112.00 as his SMOS; however, the governing Army regulation at the time allowed for the annotation of the DD Form 214 to show only the PMOS. No instructions were provided for the annotation of the SMOS. Furthermore, his
DD Form 214 reflects the PMOS he served in throughout his period of active military service. His DD Form 214 is without error; therefore, he is not entitled to this portion of the requested relief.
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. Awarding him the Army Good Conduct Medal for the period 30 January 1961 through 12 January 1964; and
b. Amending item 26 of his DD Form 214 to add the Army Good Conduct Medal and National Defense Service Medal.
2. The Board further determined 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 correcting his DD Form 214 to show SMOS 112.00.
_______ _ 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) AR20100015543
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120021710
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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