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ARMY | BCMR | CY2014 | 20140006361
Original file (20140006361.txt) Auto-classification: Approved


		BOARD DATE:	 18 November 2014 

		DOCKET NUMBER:  AR20140006361 


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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 18 October 1957, to show award of the National Defense Service Medal and his completed schools. 

2.  As a new issue, the applicant requests correction of his DD Form 214, also ending on 18 October 1957, to show completion of Jump School. 

3.  The applicant states he served from 1954 to 1957 during the Korean War.  He also completed his General Equivalency Diploma (GED) and Jump School. 

4.  The applicant provides:

* DD Form 214, ending on 18 October 1957
* DA Form 1270 (Transfer or Release to Reserve Component of the Army)
* DD Form 214, ending on 15 August 1962
* NGB Form 22 (Report of Separation and Records of Service in the Army National Guard of West Virginia and as a Reserve of the Army)
* Certificate of Completion of Airborne Training
* U.S. Armed Forces Institute (USAFI) Certificate of Completion of GED
* USAFI Form 7A2.16 (Military Test Report)




CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20080006281, on 11 September 2008. 

2.  The applicant does not meet the two-tiered criteria for reconsideration in that his request was neither received within one year of the Board's original decision nor does it contain new documentary evidence.  However, he raises a new issue related to his military schooling (Basic Airborne Course) that is related to the schools he previously requested.  This is considered new evidence and, as an exception to policy, warrants consideration by the Board. 

3.  The applicant's records show he:

* initially enlisted in the West Virginia Army National Guard (WVARNG) on 7 November 1952 and was awarded the military occupational specialty (MOS) 4812 (Rifle Gunner - 75mm)
* enlisted in the Regular Army on 4 November 1954 and, after completing basic combat and advanced individual training, he was awarded MOS 111.10 (Light Weapons Infantryman)

4.  His records also show he completed Airborne School at Fort Campbell, KY, on 7 May 1955.  He also successfully completed the tests of GED High School Level on 7 July 1955.

5.  He was honorably released from active duty on 18 October 1957.  His DD Form 214 for this period of service (4 November 1954 through 18 October 1957) shows in: 

* Item 26 (Decorations, Medals, Badges, Commendations, Citations and campaign Ribbons Awarded or Authorized) - Good Conduct Medal and Parachutist Badge
* Item 28 (Service Schools or Colleges, College Training, Courses and/or Post-Graduate Courses Successfully Completed) - None
* Item 29 (Other Service Training Courses Successfully Completed) - None

6.  He served in the U.S. Army Reserve (USAR) and the WVARNG during the period 19 October 1957 through 14 October 1961.

7.  He was ordered to active duty on 14 October 1961 and was awarded MOS 153.10 (Artillery Surveyor).  He was released from active duty on 15 August 1962 to the control of his State ARNG. 
8.  His DD Form 214 for this period of service (15 October 1961 through 15 August 1962) shows in item 26 the entry "None."

9.  He was ultimately discharged from the WVARNG and as a Reserve of the Army on 18 August 1962.  

10.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service during periods which include between 27 July 1950 and 27 July 1954 and between 1 January 1961 through 14 August 1974.  U.S. Army Reserve and ARNG forces personnel on short tours of duty to fulfill training obligations under an inactive duty training program will not be considered as performing active service which qualifies for award of the National Defense Service Medal.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states item 28 will include service schools, including dates and major courses which were successfully completed.  The entry can also include military-sponsored courses completed in civilian schools and colleges during the period of the DD Form 214.  Item 29 should contain installation training (qualification) courses, military correspondence courses, and off-duty courses completed during the same period.

DISCUSSION AND CONCLUSIONS:

1.  The National Defense Service Medal is awarded to Soldiers who have served honorably while on active duty during a qualifying period.  The applicant served on active duty from 15 October 1961 through 15 August 1962, but there is no evidence to show he served on active duty with the ARNG prior to his Regular Army enlistment on 4 November 1954.  His period of service from October 1961 through August 1962 qualifies him for award of the National Defense Service Medal and correction of his DD Form 214, ending on 15 August 1962, to show this award. 

2.  The applicant successfully completed the Basic Airborne Qualification on       7 May 1955, i.e., during the period covered by his first DD Form 214 ending on 18 October 1957.  Therefore, his DD Form 214, ending on 18 October 1957, should be corrected to show this training. 

3.  The applicant also provided documents that validate the successful completion of GED testing.  As such, his DD Form 214, ending on 18 October 1957, should be corrected to show his GED. 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X___  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The applicant should be granted partial relief.

2.  As for the items being reconsidered, the Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR's decision in Docket Number AR20080006281, dated 11 September 2008.  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 18 October 1957, in:

* item 28 - General Educational Development (GED) Testing Completion, 7 July 1955
* item 29 - Basic Airborne Qualification Course, 7 May 1955

3.  The applicant’s DD Form 214, ending on 15 August 1962, should be amended by adding the National Defense Service Medal.

4.  As for the request for reconsideration by adding the National Defense Service Medal to his DD Form 214, ending on 18 October 1957, this should be denied.



      _______ _  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)                                         AR20140006361





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ABCMR Record of Proceedings (cont)                                         AR20140006361



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