IN THE CASE OF:	  

		BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140003645 


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), ending on 3 September 1965, to show in:

* Item 3a (Grade, Rate, or Rank) – lieutenant colonel (LTC)/O-5
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Certificate of Achievement and Sharpshooter Marksmanship Qualification Badge with Carbine Bar

2.  The applicant states his rank is listed on his 1965 DD Form 214 as captain (CPT)/O-3 and should be LTC.  There is no mention of the LTC rank as of 18 November 1983.  Item 26 of this DD Form 214 lists "None" for citations and badges.  The Certificate of Achievement Citation and Sharpshooter Marksmanship Qualification Badge with Carbine Bar should be in his records. 

3.  The applicant provides copies of the following:

* Special Orders (SO) Number 197
* Certificate of Achievement Citation
* 1965 DD Form 214
* Appointment as a Reserve Commissioned Officer of the Army Under Title 10, U.S. Code, sections 591 and 593 memorandum



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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was appointed in the U.S. Army Reserve (USAR), Medical Corps (MC), as a first lieutenant, on 14 August 1963.  He was awarded specialty 3100 (general medical officer).  He was ordered to active duty and entered active duty on 7 September 1963 in the rank of CPT.

3.  His records contain and he provided copies of the following:

* SO Number 197, issued by Headquarters, Fort Totten, on 31 October 1963, awarding him the Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Certificate of Achievement Citation for exemplary and faithful service from 9 September 1963 through 2 September 1965

4.  He was released from active duty on 3 September 1965 and he was transferred to the USAR Control Group (Annual Training).  His DD Form 214 lists in:

* Item 3 – Capt O3
* Item 3b (Date of Rank (Day, Month, Year) – 7 September 1963
* Item 26 – "None"

5.  A DA Form 2496 (Disposition Form), dated 19 August 1983, shows that based on a review of professional qualifications only he was recommended for appointment in the USAR, MC, in the rank of LTC.

6.  He also provided a copy of an Appointment as a Reserve Commissioned Officer of the Army Under Title 10, U.S. Code, sections 591 and 593 memorandum, dated 18 November 1983, which shows he was appointed in the USAR, MC, as a LTC, on the same day.
7.  Orders D-05-740524, issued by the U.S. Army Reserve Personnel Center, on 22 May 1997, honorably discharged him from the USAR on 31 August 1997.  The orders list his rank as LTC.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 3a - would list the active duty grade or rank and pay grade at time of separation
* Item 3b - would list the effective date for the grade shown in item 3a
* Item 26 - would list all decorations, service medals, campaign credits, and badges awarded or authorized

9.  Army Regulation 600-8-22 (Military Awards) states Certificates of Achievement are issued for recognized periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a Certificate of Achievement of local design.  There are no provisions for listing Certificate of Achievements on the DD Form 214.

10.  Army Regulation 600-8-22 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.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar during his period of active duty.  Therefore, his 1965 DD Form 214 should be corrected to show this badge.

2.  The applicant served on active duty from 7 September 1963 to 3 September 1965.  He served a qualifying period of service for award of the National Defense Service Medal and should be entitled to correction of his records to show it.

3.  He entered active duty on 7 September 1963 in the rank of CPT.  At the time of separation from active duty on 3 September 1965 he was serving in the rank of CPT.  Therefore, this rank was properly listed on his DD Form 214.  


4.  He was appointed in the USAR in the rank of LTC in 1983, after his period of active service.  At the time of his discharge from the USAR he was issued orders properly listing his rank as LTC.  He is therefore not entitled to corrections of item 3 of his 1965 DD Form 214 to list his rank as LTC.

5.  In accordance with regulatory guidance, a Certificate of Achievement is not shown on the DD Form 214.  Therefore, he is not entitled to the requested relief.

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 adding to his DD Form 214 ending on 3 September 1965 the Sharpshooter Marksmanship Qualification Badge with Carbine Bar and the National Defense Service Medal. 

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 correction of this DD Form 214 to list in item 3a his rank as LTC and in item 26 his Certificate of Achievement.



      _______ _   _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)                                         AR20140003645



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ABCMR Record of Proceedings (cont)                                         AR20140003645



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