IN THE CASE OF:	  

		BOARD DATE:	    10 October 2013

		DOCKET NUMBER:  AR20130000703 


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, in effect, correction of:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 20 October 1959 to show the Airborne Course
* his DD Form 214 for the period ending 2 February 1965, to show in:

* item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Overseas Service Ribbon
* United Nations Service Medal
* Expert Infantryman Badge
* Senior Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle, Pistol, Machinegun, Grenade, and Bayonet Bars
* Cold War Victory Commemorative Medal
* Foreign Service Expeditionary Commemorative Medal
* 
item 28 (Service Schools or Colleges, College Training Course and/or Post-Graduate Courses Successfully Completed) to show the:

* Automotive Maintenance Helper's Military Occupational Specialty (MOS) 630.00, U.S. Army Training Center, Armor, 26 April 1962
* Automotive Mechanics 1 Course, U.S. Armed Forces Institute, December 1964

2.  The applicant states:

	a.  He is requesting the issuance of a DD Form 215 (Correction to DD Form 214) as his 1965 DD Form 214 does not show the places where he served, i.e., Germany (two tours); Lebanon; Panama; and Laos with the 82nd Airborne, 11th Airborne, 1st Airborne Battle Group and the Airborne 1st Special Forces Long Range Reconnaissance.  He was told that all of his records were destroyed in the 1973 fire.  He now has no proof of any of his military service.

	b.  He was inducted into the Army of the United States (AUS) on 10 October 1956.  He completed basic training on 29 October 1956 at Fort Smith, AR.  On 30 December 1956, he volunteered for airborne and he received his orders for the 101st Airborne Division at Fort Campbell, KY.  In March 1957, he completed his Airborne Infantry Training.  In April 1957, he completed Jump School at Fort Benning, GA.  He completed Ranger Training in June 1957.  They trained for the Expert Infantryman Badge which is where he attained expert qualification in the following courses:  map and compasses, bayonets, grenades, 30 caliber machine gun, 3.5 rocket launcher, M1 rifle, 30 caliber Carbine, 45 caliber pistol, 60mm mortar, and various automatic rifles.  He earned the Expert Infantryman Badge in November 1957.

	c.  In February 1958, the 11th Airborne Division was deactivated.  He was transferred to the 187th Infantry, 1st Airborne Battle Group.  In July 1958, his unit was ordered to Lebanon in the Middle East.  In December 1958, he was permanently transferred back to the 187th Infantry, 1st Airborne Battle Group and he received his Senior Parachutist Badge.  In January 1958, he was ordered to do an observation in Panama, but he did not complete this observation.  In September 1959, he was transferred to Fort Dix, NJ, where he was separated from the Regular Army (RA) on 10 October 1959 and transferred to the U.S. Army Reserve (USAR).

	d.  On 2 February 1962, he reenlisted in the RA.  On February 1962, he volunteered to go to Guam and arrived in Guam on 23 February 1962.  They 

received briefings to go to observation in Laos.  They set-up approximately 39 miles off the China boarder where they took pictures and watched the communist Chinese soldiers train the communist Vietnamese people.  In
April 1962, he returned to Guam, he was debriefed, and he was transferred to Fort Knox, KY.

	e.  In May 1962, he entered instructor's class in mechanics.  In September 1963, he was transferred to Germany.  On 2 February 1965, he received orders to Fort Hamilton, NY for his second discharge.  At that time, he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Combat Service Commendation
* Army Service Commendation
* Vietnam Service Commendation
* Expert Infantryman Badge
* Senior Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle, 45 caliber Pistol, 30 caliber Carbine, M60 Mortar, 3.5 Rocket Launcher, Bayonet, and Grenade Bars

	f.  He also understands that there is a Cold War Victory Commemorative Medal for which he is authorized to receive.

3.  The applicant provides:

* Airborne course completion certificate
* General Educational Development (GED) certificate
* Service certificate with American Land Forces Middle East, Lebanon, 1958
* two training certificates (Automotive Maintenance Helper's - MOS 630.00 and Automotive Mechanics 1)
* Colonel's Orderly letter and three endorsements
* Letter of Appreciation
* Cold War Certificate of Recognition
* DD Form 214 for the period ending 20 Oct 1959
* DD Form 215, dated 1 February 1962
* DD Form 214 for the period ending 2 February 1965
* 
Photograph of Company B, 1st Airborne Battle Group, 187th Infantry including the applicant
* Three photographs including himself
* General Services Administration Response to Request for Separation Documents/Information
* Letter from the Department of Veterans Administration, dated 24 June 1987
* Application for Kentucky Vietnam Veterans Bonus

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 requested award of the Cold War Victory Commemorative Medal and the Foreign Service Expeditionary Commemorative Medal and correction of his DD Form 214 to show these medals.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations,
Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, they may not be shown on a discharge document.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the RA on 26 October 1956 for a period of 3 years.  He completed training and he was awarded MOS 111.17 (Light Weapons Infantryman).

4.  He provides a copy of a certificate for:

* U.S. Army Infantry School, Fort Benning, GA, Airborne Course, completed on 25 April 1957
* U.S. Armed forces Institute, European Branch, GED, completed in 1959

5.  He served in:

* Germany from 9 July 1957 through 16 July 1958
* Lebanon from 19 July 1958 through 19 October 1958
* Germany from 20 October 1958 through on or about 5 October 1959

6.  Section 9 (Medal, Decorations, and Citations) of his DA Form 24 (Service Record) includes the award of the 2d Class Gunner (Marksman) Marksmanship Qualification Badge with Light Machinegun Bar on 13 January 1958 and the Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar on 22 January 1959.

7.  On 20 October 1959, he was honorably released from active duty as an overseas returnee and he was transferred to the USAR to complete his remaining service obligation.  He completed 2 years, 11 months, and 25 days of net active service.  His DD Form 214 for this period of service shows in:

* Item 10a (Highest Civilian Education Level Attained) – 1 Year High School (HS)
* Item 10b (Major Course or Field) – Gen (general)
* Item 24c (Foreign and/or Sea Service) – 2 years, 3 months, and 14 days
* Item 26 - the Parachutist Badge
* Item 28 (Service Schools or Colleges, College Training, Courses and/or Post-Graduate Courses Successfully Completed) – the entry "NA" in each section
* Item 29 (Other Service Training Courses Successfully completed) – Passed GED Test HS Equivalent, 1959

8.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout this period of service.

9.  On 1 February 1962, a DD Form 215 was issued correcting items 10a and b of this DD Form 214 ending on 20 October 1959 to show he completed his HS GED.

10.  He again enlisted in the RA on 13 February 1962.  He completed training and was awarded MOS 632.20 (Track Vehicle Mechanic).  He served in Germany from 2 November 1963 through 2 February 1965.

11.  He also provides copies of his completion certificates for the Automotive Maintenance Helper's Course for MOS 630.00 at Fort Knox, KY on 26 April 1962 and the U.S. Armed forces Institute Automotive Mechanics 1 Course in December 1964.

12.  Section 9 (Medal, Decorations, and Citations) of his DA Form 24 (Service Record) includes the award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) on 9 April 1962.

13.  On 2 February 1965, he was honorably discharged as an overseas returnee. His DD Form 214 shows in:

* Item 10a – 12 Years
* Item 10b  - General
* Item 24 (Foreign and/or Sea Service) – 1 year, 3 months, and 8 days and the entry "USAREUR" (U.S. Army Europe)
* Item 26 – Expert Marksman Qualification Badge with Carbine (30 caliber) and Pistol (.45 Caliber) Bars
* Item 28 – U.S. Army Training Center, Armor, Fort Knox, KY, 28 April 1962-24 June 1962
* Item 29 – Nonjudicial Punishment Course

14.  Army Regulation 635-5 (Separation Documents), in effect at the time of his 1959 and 1965 separations, governed the preparation of the DD Form 214.  It stated for:

* Items 10a and b, enter information from DA Form 20 (Enlisted Qualification Record) as appropriate
* Item 26, enter decorations awarded or authorized during the period covered by the DD Form 214
* Items 28 and 29, enter service schools, including dates and major course that were successfully completed.  The entry would also include military and civilian course completed during the period covered by the DD Form 214
* Item 32, enter entries too long for their respective blocks.  There were no provisions for listing countries the individual served in this block

15.  Army Regulation 600-8-22 (Military Award) states:

	a.  The Expert Infantryman Badge required that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

	b.  The Senior Parachutist Badge requires a rating of "excellent" in character and efficiency, completion of 30 jumps (15 with combat equipment, 2 night jumps with 1 as jumpmaster, and 2 mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 24 months.

	c.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  Direct support is defined as services being supplied to participating forces in the area of eligibility and includes:

* units, ships, and aircraft providing it involves actually entering the designated area
* ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility

	d.  The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

	e.  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 to a date to be determined.

	f.  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.  

	g.  The 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.

16.  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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent."  There must have been no convictions by court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed the Airborne Course on 25 April 1957.  This course is not shown on his DD Form 214 for the period ending 20 October 1959.  Therefore, his DD Form 214 for this period of service should be corrected to show completion of the 3-week Airborne Course in April 1957.

2.  There is no evidence of any derogatory information or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  It appears that as a result of an administrative error, he was not 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 26 October 1956 through 20 October 1959 and to correct his DD Form 214 for the period ending 20 October 1959 to show this award.

3.  The evidence of record confirms he qualified marksman with the light machine gun on 13 January 1958 and expert with the .45 caliber pistol on 22 January 

1959.  Therefore, his DD Form 214 for the period ending 20 October 1959 should be corrected to show these marksmanship badges.

4.  The evidence of record shows the applicant completed a qualifying period of service for entitlement to the National Defense Service Medal.  Therefore, his
DD Form for the period ending 2 February 1965 should be corrected to show this award.

5.  The evidence of record confirms he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) on 9 April 1962.  Therefore, his DD Form 214 for the period ending 2 February 1965 should be corrected to show this marksmanship badge.

6.  The evidence of record shows he completed the Automotive Maintenance Helper's MOS 630.00 Course on 26 April 1962 and the Automotive Mechanics 1 Course in December 1964.  Therefore, his DD form 214 for the period ending
2 February 1965 should be corrected to show these courses.

7.  There is no evidence of record that shows he met the established Army test requirements for entitlement to the Expert Infantryman Badge.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

8.  There is no evidence that shows he met the criteria for entitlement to the Vietnam Service Medal, United Nations Service Medal, or the Overseas Service Ribbon during any periods of his active duty service.  Therefore, there is an insufficient evidentiary basis for granting these portions of his request.

9.  There is no evidence to show he was awarded the Expert Marksmanship Qualification Badge with Grenade or Bayonet Bars.  Therefore, there is no basis for granting these portions of his request.

10.  There is also no evidence in his active duty record and he has failed to provide compelling evidence to show he served in Laos and Panama during the period covered by his DD Form 214 for the period ending 2 February 1965.  There is also no provision for listing in item 32 of the DD Form 214 the countries the individual served in.  Therefore, there is an insufficient evidentiary basis for granting this portion of the applicant's 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 26 October 1956 through 20 October 1959
* adding to item 26 of his DD Form 214 for the period ending 20 October 1959 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar
* Marksman Marksmanship Qualification Badge with Machinegun Bar

* adding to item 28 of his DD form 214 for the period ending 20 October 1959 the entry "U.S. Army Infantry School, Fort Benning, GA, 1-25 April 1957, Airborne Course"
* adding to item 26 of his DD Form 214 for the period ending 2 February 1965 the Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* adding to item 28 of his DD Form 214 for the period ending 2 February 1965 the entry:

* U.S. Army Training Center, Fort Knox, KY, 4 March-26 April 1962, Automotive Maintenance Helper's MOS 630.00 Course
* U.S. Armed Forces Institute, December 1964, Auto Mechanics 1 Course

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 to item 26 of his DD Form 214 for the period ending 2 February 1965 the:

* Vietnam Service Medal
* United Nations Service Medal
* Overseas Service Ribbon
* Expert Marksman Marksmanship Qualification Badge with Grenade and Bayonet Bars

* showing in item 32 of his DD Form 24 for the period ending 2 February 1965 service in Laos and Panama



      _______ _  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)                                         AR20130000703



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ABCMR Record of Proceedings (cont)                                         AR20130000703



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