IN THE CASE OF:	  

		BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140004544 


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 final DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct rank and grade and all awards to which he is entitled.

2.  The applicant states:

   a.  his record should show his rank as staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5; and
   
   b.  his record indicates "none" for his authorized decorations.
   
3.  The applicant provides:

* DD Form 215 (Correction to DD Form 214)
* U.S. Army Human Resources Command (HRC) Letter
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued 14 August 1962

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 initially enlisted in the Regular Army on 9 July 1952.  He was trained in and awarded military occupational specialty (MOS) 3050 (General Carpenter).

3.  His DA AGO Form 20 (Qualification Record – Enlisted Personnel) shows he was assigned for duty in Korea on 27 January 1953.  His DD Form 230 (Service Record) shows he departed Korea on or about 12 December 1953, and item 9 (Medals, Decorations, and Citations) shows he earned the following awards:

* United Nations Service Medal (UNSM)
* Korean Service Medal (KSM)
* National Defense Service Medal (NDSM)

4.  Section 17 (Indorsements) of the DD Form 230 shows the applicant received no less than "excellent" conduct and efficiency ratings at each of his active duty assignments.  His record contains no indication he committed any infractions that would have disqualified him from receiving the Army Good Conduct Medal (AGCM) and it is also void of a unit commander disqualification that would have precluded his receipt of this award.

5.  On 24 June 1954, the applicant was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) having completed 1 year, 11 months, and 16 days of total active service.  The DD Form 214 issued upon his REFRAD shows he held the rank of corporal (CPL/E-4) and earned the UNSM, NDSM, and KSM.

6.  His record shows he served in the USAR from 25 June 1954 through 8 July 1960.  On 21 April 1961, the applicant reenlisted in the USAR for a 3-year period.

7.  On 15 October 1961, he entered active duty as a member of the USAR.  He was promoted to SGT/E-5 on 17 July 1961.

8.  His record shows he served until his REFRAD on 14 August 1962, as a SGT. His DD Form 214 issued at that time shows "NONE" in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). 

9.  A DA Form 24 (Service Record) shows the applicant, while serving in the USAR, was promoted to SSG/E-6 on 11 October 1962.  On 4 May 1964, Headquarters, 20th United States Army Corps, issued Letter Orders Number 
05-0024, directing the applicant's honorable discharge from the USAR by reason of expiration of term of service on 23 April 1964.

10.  On 15 January 2014, the Assistant Chief, Plans and Operations, issued the applicant a DD Form 215 to correct his DD Form 214 issued on 14 August 1962 to add the following awards:

* NDSM with bronze service star
* KSM with 2 bronze service stars
* Republic of Korea- Korean War Service Medal

11.  Army Regulation 600-65, 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.  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 (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.

12.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant’s discharge contained item-by-item instructions for completing the DD Form 214 in Section II.  These instructions indicated that the active duty grade of rank and pay grade at the time of separation will be entered in on this document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his final DD Form 214 should be corrected to show he held the rank and grade of SSG/E-6 and all awards to which he may be entitled.  There is sufficient evidence to support granting a portion of this claim.

2.  By regulation, the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  His record confirms during his initial period of active duty service, he was promoted to the noncommissioned officer rank of CPL, he had no lost time and the characterization of service was honorable.  Further, his record was void a disqualification from any of this commanders during his military service.  Therefore, any reasonable doubt concerning his eligibility for this medal should be resolved in his favor.  Accordingly, his record should be corrected to show he was awarded the AGCM for his first period of active duty service from 9 July 1952 through 24 June 1954.

3.  A DD Form 215 was issued to add some of the medals from his first period of service to his14 August 1962.  The DD Form 215 is the correct way to correct a DD Form 214; a new DD Form 214 is not normally re-issued.  However, the     DD Form 215 failed to add the UNSM to his DD Form 214.  This omission should now be corrected be preparing a second DD Form 215.

4.  The evidence of record confirms the applicant served on active duty two separate periods ending on 24 June 1954 and 14 August 1962.  It also confirms he was promoted to SSG/E-6 on 11 October 1962, while serving in the USAR and this is the rank he held at the time of his discharge on 21 April 1964.  By regulation, the DD Form 214 only documents the periods covered thereon.  Therefore, the SSG rank would not be listed on either DD Form 214 issued the applicant because he did not obtain this rank until after his final separation from active duty.  Accordingly, there is no basis to change either of these documents.

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 for his first period of qualifying honorable service from 9 July 1952 to 24 June 1954; 
   
   b.  adding the Army Good Conduct Medal and the United Nations Service Medal to item 26 of his DD Form 214 issued 14 August 1962; and
   
   c.  by issuing him a corrected document to reflect this correction.

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 his DD Form 214 issued on 24 June 1952 or 14 August 1962 to show he held the rank of staff sergeant/E-6.  



      _____________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)                                         AR20140004544





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ABCMR Record of Proceedings (cont)                                         AR20140004544



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