IN THE CASE OF:	  

		BOARD DATE:  7 November 2013

		DOCKET NUMBER:  AR20130001475 


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 an upgrade of his discharge under honorable conditions to honorable and thereby amendment of the narrative reason for his discharge.  He further requests award of the Army Good Conduct Medal (AGCM) and Ranger Tab.

2.  The applicant states he received a general discharge under honorable conditions on 14 November 1957.  He requests the discharge upgrade based on his subsequent achievements, including his honorable retirement from the U.S. Army Reserve (USAR) in the grade of E-9.  He encloses four noncommissioned officer evaluation reports (NCOER's) showing different levels of responsibility.  He does not believe the character, commitment, and proficiency reflected in the reports suddenly appeared after 1971.

3.  The applicant provides:

* Certificate of Training
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Certificate of Retirement
* four NCOER's
* Curriculum Vitae
* DD Form 1577 (Authorization for Issuance of Awards)
* Permanent Orders 85-4
* Permanent Orders 7-1


* three memoranda
* Republic of Korea Master Parachutist Badge Certificate

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.  Having prior honorable service in the U.S. Marine Corps, the applicant enlisted in the Regular Army (RA) for 3 years on 6 April 1948.  He completed training and served in the Airborne Infantry Corps.

3.  On 11 April 1952 after being involuntarily extended for 1 year, he was honorably discharged upon reaching the expiration of his term of service.  His DD Form 214 for this period shows he completed 4 years, 1 month, and 22 days of total net service for pay purposes and he completed 11 months and 20 days of foreign service.  This form further shows he successfully completed the leadership, basic airborne, and basic administration courses and he was awarded the Army of Occupation Medal with Germany Clasp and Parachutist and Glider Badges.  His most significant duty assignment (last unit of assignment) was the 6th Ranger Infantry Company.

4.  While there is no record of indiscipline or a commander's disqualification statement that would have precluded the applicant from being recommended for and awarded the first award of the AGCM, his record does not contain evidence of his conduct and efficiency ratings for this period of service.

5.  On 26 June 1952, he again enlisted in the RA.  He was honorably discharged for immediate reenlistment on 27 May 1956.  On 28 May 1956, he reenlisted in the RA for 3 years.

6.  His records contain a duly-constituted DD Form 214 that shows he was discharged on 14 November 1957 under the provisions of Army Regulation 
635-208 (Personnel Separations – Discharge – Unfitness) with a character of service of under honorable conditions.  The form further shows he completed 9 years, 4 months, and 20 days of creditable active military service and he was awarded the Army of Occupation with Germany Clasp, National Defense Service Medal, Korean Service Medal with three bronze service stars, United Nations Service Medal, and Combat Infantryman Badge.

7.  The complete facts and circumstances surrounding his discharge are not available for review with this case.  However, his records contain a letter from the Commander, Company A, 12th Special Forces Group (Airborne), to the Commanding General, 6th U.S. Army, dated 19 March 1971, requesting a waiver of the applicant's general discharge and authority to enlist the applicant.  The letter further states the applicant received a general discharge as the result of two military convictions for being absent without leave (AWOL).

8.  On 6 April 1971, the applicant received a waiver to enlist in the USAR in the grade E-4, provided he was otherwise qualified.  The basis for the action stated the applicant received a general discharge under honorable conditions as a result of two military convictions for being AWOL.  He was merely late in reporting from pass.  The first time he appeared before the board and was cleared, but the second time he offered no defense (he was involved in a marital problem, his wife was living in the United States with another man while he was overseas).

9.  His records contain a DA Form 2-1 (Personnel Qualification Record – Part II) in which item 17 (Civilian Education and Military Schools) shows he successfully completed ranger training at the U.S. Army Infantry School in 1950.  Item 9 (Awards, Decorations, and Campaigns) of this form indicates he was awarded the Ranger Tab.

10.  On 31 January 1990, the applicant was assigned to the Retired Reserve due to attaining the maximum allowable age.

11.  The applicant provides a copy of a U.S. Army Infantry School Certificate of Training, dated 23 January 1998, which states the applicant successfully completed ranger training during the period September 1950 through September 1951.  The applicant also provides four NCOER's which attest to his competency in the ranks of master sergeant though command sergeant major.

12.  There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

13.  Army Regulation 635-208, then in effect, provided the policies, procedures, and guidance for the prompt elimination of enlisted personnel who were determined to be unfit for further military service.  Individuals determined to possess undesirable habits and traits were discharged under this regulation.  An undesirable discharge was normally issued.

14.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

15.  Army Regulation 600-8-22 (Military Awards) states the Ranger Tab is awarded for successful completion of a ranger course conducted by the U.S. Army Infantry School or the Ranger Training Command.

16.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

17.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to upgrade and to change the narrative reason for his discharge, and to award him the AGCM and Ranger Tab, has been carefully examined and found to have partial merit.

2.  The applicant contends his subsequent performance and achievements, to include his honorable retirement from the USAR in grade E-9, outweigh the discrediting entries in his service record.  Be that as it may, the quality of his service subsequent to the time of his infractions do not mitigate his prior misconduct.

3.  The complete facts and circumstances pertaining to the applicant's discharge under honorable conditions are unavailable for review.  However, the evidence appears to show the applicant received a general discharge as the result of two military convictions for being AWOL.  His records contain a properly-constituted DD Form 214.  In the absence of evidence to the contrary, Government regularity is presumed.

4.  Based on this record of indiscipline, his service from 28 May 1956 to 14 November 1957 clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  In the absence of evidence to the contrary, it is presumed that his administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would jeopardize his rights.  Further, his misconduct does not warrant an upgrade of his discharge.

5.  The evidence of record shows that although he completed a period of honorable service from 6 April 1948 to 11 April 1952, there is no evidence to show he received all "excellent" conduct and efficiency ratings.  Therefore, there is insufficient evidence to award him the AGCM.

6.  The evidence of record shows the applicant successfully completed ranger training conducted by the U.S. Army Infantry School.  Therefore, his records should be corrected to show award of the Ranger Tab.

7.  The evidence shows the applicant received the United Nations Service Medal and Korean Service Medal with three bronze service stars; therefore, it is reasonable to presume he met the criteria for award of the ROKWSM and his records should be corrected to show this award.

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 adding award of the ROKWSM and Ranger Tab to his DD Form 214 for the period ending 14 November 1957.

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 upgrading and changing the narrative reason for his discharge and awarding him the AGCM.



      _______ _  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)                                         AR20130001475



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ABCMR Record of Proceedings (cont)                                         AR20130001475



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