BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140000961 


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 (Certificate of Release or Discharge from Active Duty) to show:

	a.  award of the Distinguished Service Medal; and

	b.  completion of the service schools and special courses shown in item 16 (Civilian Education and Military Schooling) of his DA Form 66 (Officer Qualification Record).

2.  The applicant states:

* the Distinguished Service Medal was awarded after he was issued his DD Form 214
* he doesn't know why the school courses were omitted

3.  The applicant provides:

* page 1 of his DA Form 66
* Distinguished Service Medal Certificate
* 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 appointed as a second lieutenant in the Regular Army on 2 June 1950.  He was promoted to colonel on 2 June 1975.  On 30 November 1979, he retired after completing 29 years, 5 months, and 29 days of creditable active service.

3.  Item 16 of his DA Form 66 shows he completed:

* his 4-year degree at the U.S. Military Academy (USMA) in 1950
* 15-week Infantry Officer Advanced Course in 1952
* 9-month (36 weeks) U.S. Marine Corps Junior Course in 1957
* 38-week U.S. Army Command and General Staff Course in 1961
* 6-week U.S. Army Special Warfare School "MATA 3-66" Counterinsurgency Course in 1965
* 6-week Defense Language Institute West Coast Basic Vietnamese Course in 1966
* 5-month (20 weeks) Armed Forces Staff College Joint Operations Course in 1967
* 10-month (40 weeks) U.S. Army War College Counterinsurgency Course in 1968
* 24-hour Chemical, Biological, and Radiological (CBR) Weapons Orientation in 1968
* 18-week Officer Rotary Wing Aviator Course (ORWAC) 2C-1981B in 1971
* 16-week ORWAC (1981) in 1971

4.  His DD Form 214 does not show the Distinguished Service Medal as an authorized award.

5.  Item 14 (Military Education) of his DD Form 214 shows he completed the:

* 18-week ORWAC 2C-1981B in 1971
* 16-week ORWAC (1981) in 1971

6.  There are no orders for award of the Distinguished Service Medal in the applicant's available records.

7.  He provided a Distinguished Service Medal Certificate for exceptionally meritorious service from April 1966 to November 1979.

8.  Army Regulation 600-8-22 (Military Awards) states the Distinguished Service Medal is awarded to any person who, while serving in any capacity with the U.S. Army, has distinguished himself or herself by exceptionally meritorious service to the government in a duty of great responsibility.  The performance must be such as to merit recognition for service which is clearly exceptional.  Exceptional performance of normal duty will not alone justify an award of this decoration.  For service not related to actual war, the term "duty of great responsibility" applies to a narrower range of positions than in time of war and requires evidence of conspicuously significant achievement.  However, justification of the award may accrue by virtue of exceptionally meritorious service in a succession of high positions of great importance.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  It stated for item 14, list formal in-service (full-time attendance) training courses of at least 40 hours successfully completed (include title, length in weeks, and month and year completed).  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for award of the Distinguished Service Medal in the applicant's available records.  In the absence of orders, the award certificate provided by the applicant alone is not sufficient as a basis for adding this medal to his DD Form 214.

2.  The following entries in item 16 of his DA Form 66 are accepted as sufficient evidence on which to amend item 14 of his DD Form 214 to show he completed these courses:

* Infantry Officer Advanced Course, 15 weeks, 1952 (a leadership course as well as a combat skills course)
* U.S. Marine Corps Junior Course, 36 weeks, 1957
* U.S. Army Command and General Staff Course, 38 weeks, 1961
* U.S. Army Special Warfare School "MATA 3-66" Counterinsurgency Course, 6 weeks, 1965
* Defense Language Institute West Coast Basic Vietnamese Language Course, 6 weeks, 1966
* Armed Forces Staff College Joint Operations Course, 20 weeks, 1967
* U.S. Army War College Counterinsurgency Course, 40 weeks, 1968

3.  Since his 4-year attendance at USMA was completed prior to his entry on active duty, there is no basis for adding this education to item 14 of his DD Form 214.

4.  The evidence of record shows he completed the 24-hour CBR Weapons Orientation Course in 1968.  However, the governing regulation states training courses of at least 40 hours successfully completed would be listed in item 14 of the DD Form 214.  Therefore, there is no basis for adding this 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 amending item 14 of his DD Form 214 to show he completed the:

* Infantry Officer Advanced Course, 15 weeks, 1952
* U.S. Marine Corps Junior Course, 36 weeks, 1957
* U.S. Army Command and General Staff Course, 38 weeks, 1961
* U.S. Army Special Warfare School "MATA 3-66" Counterinsurgency Course, 6 weeks, 1965
* Defense Language Institute West Coast Basic Vietnamese Language Course, 6 weeks, 1966
* Armed Forces Staff College Joint Operations Course, 20 weeks, 1967
* U.S. Army War College Counterinsurgency Course, 40 weeks, 1968
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 award of the Distinguished Service Medal to his DD Form 214 or amending item 14 of his DD Form 214 to show he completed USMA or the 24-hour CBR Weapons Orientation Course.



      __________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)                                         AR20140000961



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ABCMR Record of Proceedings (cont)                                         AR20140000961



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