IN THE CASE OF:	  

		BOARD DATE:	 6 August 2013 

		DOCKET NUMBER:  AR20120021960 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his specialty number as “464.17 – Parachute Rigger,” his completion of the Basic Airborne Course in 1962, and awards of the Parachutist Badge, Marksmanship badges, National Defense Service Medal, Cold War Victory Medal, Army Service Ribbon, Overseas Service Ribbon, Honorable Service Medal and National Guard and Reserve Medals. 

2.  The applicant states that his DD Form 214 does not reflect his specialty as a parachute rigger (464.17), his completion of the Basic Airborne Course in 1962, and awards of the Parachutist Badge, Marksmanship badges, National Defense Service Medal, Cold War Victory Medal, Army Service ribbon, Overseas Service Ribbon, Honorable Service Medal, and National Guard and Reserve Medals. 

3.  The applicant provides copies of his DD Form 214, orders attaching him for airborne training, his certificate of completion of airborne training, orders authoring him parachute duty, and a copy of his leave and earnings statement.

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.  He was inducted in El Paso, Texas on 27 October 1961 and was transferred to Fort Carson, Colorado to undergo his basic training.  Special Orders Number 24 issued on 26 December 1961 awarded him the Expert Marksmanship Qualification Badge with rifle bar.

3.  He completed his basic training and was transferred to Fort Leonard Wood, Missouri to undergo his advanced individual training as a supply handler.  He completed his training and was awarded the specialty of a supply handler (550.07) on 8 January 1962.

4.  The applicant departed Brooklyn Army Base, New York on 4 June 1962 and arrived in Germany on 12 June 1962 for assignment to the 557th Quartermaster Company (Aerial Supply) in France.

5.  The applicant completed the basic airborne course in Wiesbaden, Germany on 18 December 1962 and was assigned the duty specialty of 464.17.  A review of his official records failed to show that he was ever awarded that specialty in orders.

6.  He departed France on 8 October 1963 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on 
25 October 1963 as an overseas returnee.  He had served 1 year, 11 months, and 29 days of active service and his DD Form 214 as well as his separation orders show that his specialty was that of a “550.07 Supply Handler.”  It also reflects no decorations or service schools completed in blocks (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) 26 and 28 (Service Schools or Colleges, College Training Courses and/or Post Graduate Courses Successfully Completed) respectively.

7.  His official records show that he had “excellent” conduct and efficiency ratings throughout his service and his record contains no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

8.  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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) 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.  

10.  Army Regulation 600-8-22 states the Army Service Ribbon (ASR) 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.

11.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) 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.  

12.  The applicant has requested award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, is not shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings.
13.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that only information that is current as of the date the DD Form 214 is issued will be entered on that form.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant attended and completed the Basic Airborne Course of 3 weeks in 1962 and is entitled to have that course entered on his DD Form 214 in block 28.

2.  The applicant was awarded the Parachutist Badge and the Expert Marksmanship Qualification Badge with rifle bar and is entitled to have those awards added to his DD Form 214.

3.  The applicant has not provided and his official records do not contain evidence to show that he was awarded the specialty of “464.17 Parachute Rigger.”  Therefore, in the absence of evidence to show otherwise, there appears to be no basis to add that specialty to his DD Form 214.

4.  The applicant received all "excellent" conduct and efficiency rating throughout his service.  There is also no evidence of a commander's disqualification that would have precluded the applicant from being recommended for an awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 27 October 1961 through 25 October 1963 and to correct his DD Form 214 to show this award.

5.  The applicant also served during a qualifying period for award of the NDSM and is entitled to have that award added to his DD Form 214.

6.  The ASR and OSR were not authorized awards during the period of the applicant’s service and he did not serve during qualifying periods for those awards.  Accordingly, there is no basis to add those awards to his DD Form 214. 

7.  The applicant has not identified what Honorable Service Medal or what National Guard or Reserve Medal he is referring to and since there is no such listing for such a medal and his Reserve service awards are not authorized for entry on the DD Form 214 in question, there appears to be no basis to grant that 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:

* Awarding him the Army Good Conduct Medal (1st Award) for the period 27 October 1961 through 25 October 1963
* Adding the awards of the Army Good Conduct Medal (1st Award), Parachutist Badge, NDSM, and Expert Marksmanship Qualification Badge with rifle bar to his DD Form 214
* Adding the entry “Wiesbaden, Germany/17 Nov – 18 Dec 1962/Basic Airborne Course to block 28 of his DD Form 214 

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 awards of the ASR, OSR, Cold War Victory Medal, Honorable Service Medal and National Guard and Reserve Medals 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)                                         AR20120021960





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ABCMR Record of Proceedings (cont)                                         AR20120021960



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