IN THE CASE OF: 

		BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130020247 


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 Unites States Report of Transfer or Discharge) to show he completed mechanic training and that he was awarded the Army Good Conduct Medal, Driver and Mechanic Badge, and Marksmanship Qualification Badge with Carbine and
(M-1 and M-14) Rifle Bars.

2.  The applicant states he completed mechanic training and was driver of the month while stationed at Camp Santa Barbara in the Republic of Korea (ROK).

3.  The applicant provides copies of pages 2 and 3 of a DA Form 24 (Service Record) and 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 enlisted in the Regular Army on 20 December 1960 for a period of 3 years.  Upon completion of training he was awarded military occupational specialty 140.00 (Field Artillery, Basic).  He was promoted to specialist four (SP4)/pay grade E-4 on 5 June 1962.

3.  A review of the applicant's USAARMC Form 142 (Individual Training Record) shows in item 10 (Weapons Qualifications and Familiarization) that he qualified Marksman with the Carbine on 8 October 1962 and Sharpshooter with the M-14 Rifle on 12 February 1963.  Further review, including item 9 (Mandatory Training Subjects), item 11 (Training Completed), and item 12 (Remarks), failed to reveal an entry for mechanic training.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 26 (Military Education), no entry (it is blank)
* item 27 (Specialized Training), no entry for mechanic training
* item 28 (Qualification in Arms):

* Marksman - M-1 Rifle, 20 February 1961
* Marksman - Carbine, 8 October 1962
* Sharpshooter - M-14 Rifle, 12 February 1963

* item 29 (Foreign Service):  Korea from 28 May 1961 through 21 August 1962

5.  The applicant's DA Form 24 shows in:

* section 4 (Chronological Record of Military Service) he received all "excellent" conduct and efficiency ratings throughout the period of his military service
* section 9 (Medals, Decorations, and Citations):

* Marksman Marksmanship Qualification Badge with (M-1) Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar

6.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 9 December 1963.  He completed 2 years, 11 months, and 20 days of total active service that included 1 year, 2 months, and 24 days of foreign service.  It also shows in:

* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  "None"
* item 29 (Other Service Training Courses Successfully Completed):  "None"

8.  Army Regulation 600-65 (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 the 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" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for the award and until the awarding authority announced the award in general orders.

9.  A review of the applicant's available military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.  

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the ROK.  The area of eligibility encompasses all land area of the ROK and the contiguous water out to 12 nautical miles and all air space above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.

	c.  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.  

	d.  The Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.

	 	(a)  The eligibility requirements for drivers require that a Soldier must:

	 	(1)  qualify for and possess a current OF [Optional Form] 346 (U.S. Government Motor Vehicles Operator's Identification Card), issued as prescribed by Army Regulation 600-55;

	 	(2)  be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator's Qualification Record (Except Aircraft)); and

	 	(3)  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

		(b)  The eligibility requirements for mechanics require that a Soldier must:

	 	(1)  pass aptitude tests and complete the standard mechanic's course with a "skilled" rating or have demonstrated possession of sufficient previous experience as an automotive or engineer equipment mechanic to justify such a rating;

		(2)  be assigned to primary duty as an automotive or engineer mechanic, unit level or higher, or is an active automotive or engineer mechanic instructor; or 

		(3)  if required to drive an Army motor vehicle in connection with automotive mechanic or automotive mechanic instructor duties, qualify for a motor vehicle operators permit as prescribed above and perform duty which includes driving motor vehicles for a minimum of 6 consecutive months and have no Army motor vehicle accident or traffic violation recorded on his or her
DA Form 348-1-R.
11.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions show for:

   a.  item 24, enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein; and

   b.  item 29, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted Soldier has completed successfully during the period covered by the DD Form 214.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his authorized awards and that he completed mechanic training.

2.  There is no evidence of record that shows the applicant completed mechanic training.  There is also no evidence that he was authorized or awarded the Driver and Mechanic Badge.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show he completed mechanic training or that he was awarded the Driver and Mechanic Badge.

3.  The evidence of record shows the applicant qualified for award of the:

* National Defense Service Medal
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* Marksman Marksmanship Qualification Badge with (M-1) Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar

4.  The applicant served a period of continuous honorable active duty enlisted service from 20 December 1990 through 9 December 1963.

   a.  He was promoted to SP4 (E-4) with less than 18 months of active service and he received all "excellent" conduct and efficiency ratings during his service.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   c.  Based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period
20 December 1960 through 9 December 1963.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
20 December 1960 through 9 December 1963  (Standard Name Line:  SP4  
Service Battery, 3rd Howitzer Battalion, 3rd Artillery, Fort Knox, KY);

   b.  deleting from item 26 of his DD Form 214 the entry "None"; and

	c.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* Marksman Marksmanship Qualification Badge with (M-1) Rifle and Carbine Bars


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 mechanic training and the Driver and Mechanic Badge.  




      _______ _   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)                                         AR20130020247



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ABCMR Record of Proceedings (cont)                                         AR20130020247



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