IN THE CASE OF:	  

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130001545 


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) to show:

* his foreign service, other than Okinawa, in Korea, Taiwan (3 jumps), Philippines, Thailand, Iriomote (Japanese island)
* jungle training
* weapons medals

2.  The applicant states:

* each time he contacted the Army records, he was told his records form the 173rd Airborne Brigade were burned up
* there was improper record keeping procedures including elimination of his other weapons medals (M-14 Rifle and .45 Caliber Pistol)
* he recently found the evidence in a book called "Dak To America's Sky Soldiers" 

3.  The applicant provides his DD Form 214 and two pages from the alleged book. 

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's records show he enlisted in the Regular Army on 5 December 1961.  He completed basic combat and advanced individual training (also called Army Training program (ATP) 21-114) and he was awarded military occupational specialty 111.17 (Light Weapons Infantryman).  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 27 (Specialized Training), he completed the 8-week ATP 2-114 and the 3-week Basic Airborne Course on 25 May 1962.  No other training is listed.

	b.  Item 28 (Qualification in Arms), he qualified sharpshooter with the M-1 rifle on 23 January 1962 and expert with the M-14 rifle on 31 August 1963.  Pistol qualification is not listed. 

	c.  Item 29 (Foreign Service), Okinawa, 1 year and 6 months, from 29 May 1962 to 4 November 1963.  No other foreign countries are listed. 

4.  His DA Form 24 (Service Record) shows in:

	a.  Section 4 (Chronological Record of Military Service):

		(1)  He departed Fort Benning, GA, on 29 May 1962 and arrived in U.S. Army Ryukyu Islands (Japan) on 30 May 1962.  He was assigned to Company B, 2nd Battalion (Airborne), 503rd Infantry Regiment, Okinawa.  

		(2)  He departed Okinawa on 3 November 1963 and arrived at Fort Benning, GA, on 5 November 1963.  He was initially assigned to the 11th Administrative Company Replacement Detachment.  On 18 February 1964, he was assigned to Company B, 1st Battalion, 187th Infantry, Fort Benning, GA. 

	b.  Section 5 (Service Outside Continental United States) of his DA Form 24 shows he departed Travis Air Force Base (AFB) on 29 May 1962 and arrived at Kadena AFB, Okinawa on 1 June 1962.  He departed Kadena AFB on 3 November 1963 and arrived at Travis AFB on 4 November 1964.  No other foreign countries are listed. 

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 4 December 1964.  His DD Form 214 shows he completed 3 years of active service with no lost time.  It also shows in:

* Item 24c (Statement of Service - Foreign and/or Sea Service), the entry "Okinawa, 1-5-6" 
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the Sharpshooter (M-1) Bar and the Parachutist Badge
* Item 29 (Other Service Training Successfully Completed), the Basic Airborne Course in 1962 and ATP 21-114 

6.  He provides two pages of what appears to be a book about the Battle of Dak To in Vietnam.  

7.  Army Regulation 635-5 (Personnel Separations – Separation Documents) and in (subsequent changes or amendments) in effect at the time of the applicant's separation stated:

* In item 24c, for enlisted personnel show the total active duty outside the continental limits of the United States for the period covered by the 
DD Form 214 and the last overseas theater in which service was performed, e.g. "U.S. Army Pacific (USARPAC)"
* Item 26 shows awards and decorations earned 
* Item 29 shows other training courses successfully completed during the period covered by the DD Form 214

8.  There are no orders in his service records that show he was awarded the Army Good Conduct Medal.  Likewise, there is no derogatory information such as lost time, nonjudicial punishment, or court-martial conviction, in his records.  

9.  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.  
10.  Army Regulation 600-8-22 (Military Awards) states 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.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to his foreign service:  

	a.  The evidence of record shows the applicant served in Okinawa from 29 May 1962 to 4 November 1963, a period of 1 year, 5 months, and 6 days.  This period of foreign service is captured in item 24c of his DD Form 214.  

	b.  There is no evidence in his records and he provides none that shows he served in any other foreign country such as Thailand, Philippines, or Taiwan.  He may have visited or trained there but he was never assigned to any of the requested countries.  

	c.  In any case, there is no provision in the regulation to list the specific country of foreign service in item 24c.  The regulation provided for listing of the major overseas command or theater and the duration of foreign service. 

2.  With respect to the awards and decorations:  

	a.  His DA Form 20 shows he qualified expert with the M-14 Rifle on 
31 August 1963.  Therefore, he is entitled to the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and correction of his DD Form 214 to show it. 

	b.  The evidence of record shows he served a qualifying period of service for award of the National Defense Service Medal.  Therefore, he should be entitled to correction of his DD Form 214 to show it.

	c.  He served honorably for 3 years.  He completed nearly 18 months of foreign service and he attained the rank/grade of SP4/E-4.  His record does not contain any derogatory information that would have disqualified from receiving his first award of the Army Good Conduct Medal.  Therefore, he is entitled to this award and correction of is DD Form 214 to show it. 

	d.  There is no entry anywhere in his records that confirms he qualified with the pistol and/or the degree of this qualification.  In the absence of an order, a memorandum, an endorsement, a scorecard, or other similar evidence, there is insufficient evidence to award him a pistol marksmanship badge. 

3.  With respect to his training, the only training his records show he completed are the 8-week ATP 21-114 and the 3-week Airborne Course, both of which are listed on his DD Form 214.  There is no evidence in the form of a certificate, diploma, entry on the DA Forms 24/20, list, or orders that support his completion of jungle training.   Therefore, there is insufficient evidence to add such training to his DD Form 214. 

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:

* awarding him the Army Good Conduct Medal for service during the period 5 December 1961 through 4 December 1964
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award), National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14)











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 include his foreign service, other than Okinawa, in Korea, Taiwan (3 jumps), Philippines, Thailand, Iriomote (Japanese island); jungle training; and Marksmanship Qualification Badge with Pistol Bar.



      _______ _   _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)                                         AR20130001545





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ABCMR Record of Proceedings (cont)                                         AR20130001545



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