IN THE CASE OF:	  

		BOARD DATE:	  19 December 2013

		DOCKET NUMBER:  AR20130007117 


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) to show all of his authorized awards and issuance of those awards.

2.  The applicant states, in effect, he did not receive all of his awards due to apathy on the part of his chain of command at the time and he believes he is entitled to award of the Armed Forces Service Medal (AFSM), Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), OSR Commemorative Medal, Meritorious Service Medal (MSM), and Army Good Conduct Medal (AGCM).

3.  The applicant provides a copy of his DD Form 214.

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 was inducted into the Army of the United States on 3 June 1959.  He completed basic training at Fort Hood, Texas, and advanced individual training at as a low speed radio operator at Fort Knox, Kentucky, before being transferred to Fort Carson, Colorado.

3.  On 26 May 1960, he was honorably discharged for the purpose of immediate enlistment in the Regular Army.  He enlisted on 27 May 1960 for a period of 3 years and assignment to Fort Bragg, North Carolina.  He was transferred to Fort Bragg on 12 July 1960.

4.  On 9 October 1961, he was transferred to Germany for assignment to the 11th Armored Cavalry Regiment in Straubing.  He departed Germany on 27 October 1962 and was transferred to the Medical Holding Company at Valley Forge General Hospital in Phoenixville, Pennsylvania.

5.  On 12 February 1963, he was transferred to Fort Carson where he remained until 16 May 1963 when he was transferred to Fort Sheridan, Illinois.

6.  On 14 May 1963, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 issued at the time of his discharge shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Carbine Bar and AGCM (1st Award).

7.  On 15 May 1963, he reenlisted in pay grade E-4 for a period of 6 years.  He remained at Fort Sheridan until he was honorably discharged on 8 November 1965 due to disability with severance pay.  He completed 6 years, 5 months, and 6 days of total active service.  His DD Form 214 for the period ending 8 November 1965 shows he was awarded the AGCM (2nd Award).

8.  A review of his official records failed to show any orders for additional awards or recommendations for awards that were not acted on.

9.  Army Regulation 600-8-22 (Military Awards) states the MSM is awarded to members of the Armed Forces of the United States who distinguish themselves by outstanding meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those 
cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 states the ASFM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992, participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.

13.  Army Regulation 600-8-22 states the 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 this 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.

14.  Army Regulation 600-8-states the 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.  This award may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

15.  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 wearing commemorative medals.  In addition, award of these medals is not governed by Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.

16.  Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214.  The regulation in effect at the time provided that only decorations and awards earned during the period covered by the DD Form 214 would be reflected on the DD Form 214.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 does not reflects all of his authorized awards has been noted and appears to have partial merit.  It should be noted that at the time of the applicant's service, the regulation governing preparation of the DD Form 214 required that only awards earned during the period covered by the DD Form 214 would be entered.

2.  The applicant's final DD Form 214 for the period ending 8 November 1965 shows the applicant was awarded the AGCM (2nd Award) which is the most AGCM's he could receive based on his years of service.

3.  The applicant served during a qualifying period for award of the NDSM and it is not reflected on his DD Form 214.  Accordingly, it should be added at this time.

4.  However, the applicant's contention that he should be awarded the AFSM, ASR, OSR, OSR Commemorative Medal, MSM, and additional AGCM's appears to lack merit.  The applicant has been awarded the maximum number of AGCM's authorized and he did not serve during qualifying periods nor was he recommended for or approved for any of the awards in question.

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 NDSM to his DD Form 214 for the period ending 8 November 1965 and issuing this award to him.

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 adding additional awards of the AGCM, AFSM, ASR, OSR, OSR Commemorative Medal, and MSM to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Cold War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20130007117



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ABCMR Record of Proceedings (cont)                                         AR20130007117



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