BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140005064 


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) to show his first name as "Darwin" vice "Dawin" and add the Presidential Unit Citation and any other awards to which he may be entitled.

2.  The applicant states his first name was spelled incorrectly on his DD Form 214 and not all of his awards were listed.  His unit was awarded the Presidential Unit Citation for "involvement" while stationed in Erlangen, Germany and the Berlin Crisis.  His DD Form 214 does not list any awards.

3.  The applicant provides:

* driver’s license
* letter from the National Personnel Records Center (NPRC), dated 
31 January 2014
* two DA Forms 24 (Service Record)
* DA Form 20 (Enlisted Qualification Record)
* 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 and entered active duty on 13 June 1960.  He held military occupational specialty 131.00 (Armor Crewman) and attained the rank/grade of specialist four/E-4.

3.  His DA Forms 24 and 20 show his first name was spelled as "Darwin" and:

	a.  He was assigned to Germany from 11 November 1960 to 15 May 1962 and he served with Headquarters and Headquarters Company, Combat Command B (CCB), 4th Armored Division from 12 November 1960 to 14 May 1962.

	b.  He had “excellent” conduct and efficiency ratings.

	c.  Special Orders (SO) Number 156, issued by Headquarters, 4th Training Regiment, U.S. Army Training Command, Fort Knox, KY, on 27 July 1960 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

	d.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar on 5 October 1960.

4.  He was honorably released from active duty on 15 May 1962.  His DD Form 214 shows he completed 1 year, 11 months, and 3 days of net active service, of which 1 year, 6 months, and 14 days were credited as foreign and/or sea service. His DD Form 214 does not list any awards. 

5.  Neither Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 4 June 1962, nor Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, show that Headquarters and Headquarters Company, CCB, 4th Armored Division was awarded the Presidential Unit Citation during the applicant’s period of service.

6.  Research shows the 4th Armored Division received four unit awards, all of which were awarded for service in World War II.  The last of the 4th Armored Division’s unit awards were published by General Orders in 1950.

7.  Army Regulation 600-8-22 (Military Awards) 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.  

8.  A review of his service records shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 13 June 1960 through 15 May 1962.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  His DA Forms 24 and 20 show the applicant’s first name spelled as "Darwin." Therefore, he is entitled to correction of his DD Form 214 to show the correct spelling of his first name.  

2.  His DA Forms 24 and 20 show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar.  Therefore, he is entitled to correction of his DD Form 214 to add these badges.  

3.  He served a qualifying period for award of the National Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.

4.  The applicant served honorably during the period 13 June 1960 through 
15 May 1962.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received "excellent" conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add this award.

5.  There is no historical evidence or evidence of record, and the applicant has not provided evidence, to show his unit was awarded the Presidential Unit Citation during the period of his service.  As such, there is insufficient evidence to add this award 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 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.  correcting his DD Form 214 to show his first name as listed on his 
DA Form 24;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
13 June 1960 through 15 May 1962; and

	c.  adding to his DD Form 214 the:

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) 
* Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar




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 the Presidential Unit Citation. 



      _________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)                                         AR20140005064





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ABCMR Record of Proceedings (cont)                                         AR20140005064



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