IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140008104 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: 

	a.  show he completed his high school GED; 

	b.  show he was advanced to the rank/grade of sergeant first class (SFC)/E-7; 

	c.  show awards of the Army Good Conduct Medal, National Defense Service Medal, Armed Forces Service Medal, Overseas Service [Ribbon], Army Service [Ribbon], American Defense Service Medal, and Army Reserve Components Achievement Medal;

	d.  in effect, show awards of the Driver/Mechanic Badge with Tank (M-48 and M-41) and the Driver/Mechanic Badge with Jeep (3/4th Ton and 2 1/2 Ton); and

	d.  show awards of the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (.45 Caliber), and Expert Marksmanship Qualification Badge with Rifle (M-1), Carbine (M-1), Machine Gun (30 Caliber), Grenade Bayonet, Cannon Tank (90 mm), Cannon Tank (76 mm), Machine Gun (50 Caliber), and Machine Gun (30 Caliber) Bars.

2.  The applicant states he completed his high school diploma and he was advanced to E-7 in less than 3 years.  He was never in trouble and he did not receive the Army Good Conduct Medal or any of the requested awards.  When he was separated, he did not think about medals.  Now, he is older and he belongs to the American Legion.  He would like to wear his uniform with pride and with all the medals that he is entitled to. 

3.  The applicant provides a U.S. Army Institute School Report, dated 18 February 1957.

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's complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army in the rank/grade of private/E-1 for 3 years on 20 January 1955.  At the time of his separation, he held military occupational specialty 130.00 (Armor Basic).

4.  His DD Form 214 also shows he completed 2 years, 10 months, and 23 days of total active service, of which 11 months and 26 days was foreign service.  His last duty assignment and major commander was Company D, 34th Armor, Fort Kobbe, Panama. 

5.  His reconstructed record contains: 

	a.  A diploma, issued by the U.S. Armed Forces Institute, Fort Clayton, Panama Canal Zone, certifying that he successfully completed the tests of the General Educational Development (GED) High School Level on 18 February 1957. 
	b.  CARIO Form 1015, issued by the U.S. Armed Forces Institute, Fort Clayton, Panama Canal Zone, informing the Commanding Officer, Tank Company, 20th Infantry Regiment, Fort Kobbe, that the applicant, in the rank of specialist third class (E-4) took the High School GED Test on 24 January 1957 and passed it. 

6.  On 10 December 1957, Headquarters, U.S. Army Personnel Center, Fort Dix, NJ published Special Orders Number 344 releasing him from active duty effective 12 December 1957.  The orders listed his rank as SP2 (specialist second class or pay grade E-5). 

7.  He was honorably released from active duty on 12 December 1957 and he was transferred to the U.S. Army Reserve (USAR), New Jersey Military District, to complete his remaining service obligation.  His DD Form 214 shows in:

* Item 3a (Grade, Rate or Rank) - SP2 (Temporary (T))
* Item 3b (Date of Rank) - 21 October 1957
* Item 10a (Highest Civilian Education Level Attended) - 1 year high school
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - None
* Item 32 (Remarks) - Item 3a, private two, Permanent (P), 20 May 1955 

8.  The applicant's USAR records are also not available for review with this case. The only document that is available is an Honorable Discharge Certificate, issued to the applicant on 31 December 1962, upon completion of his military service obligation.  His rank is listed as specialist five/E-5. 

9.  Army Regulation 600-65 (Service Medals), 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.


10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  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.

	b.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.  

	c.   The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard (ARNG), and USAR in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. 

	d.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, ARNG, and USAR in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	e.  The American Defense Service Medal is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

	f.  The Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an ARNG or USAR troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 
28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  
11.  Army Regulation 600-8-22 provides for award of the Driver and Mechanic Badge.  Component bars are authorized only for the following types of vehicles and/or qualifications:  

* Driver-W (for wheeled vehicles) 
* Driver-T (for tracked vehicles)
* Driver-M (for motorcycles)
* Driver-A (for amphibious vehicles)
* Mechanic (for automotive or allied vehicles)
* Operator-S (for special mechanical equipment)

12.  Army Regulation 600-8-22 states the eligibility requirements for drivers require that a Soldier must:

	a.  qualify for and possess a current Optional Form (OF) 346 (U.S. Government Motor Vehicles Operator’s Identification Card), issued as prescribed by Army Regulation 600-55;

	b.  be assigned duties and responsibilities as a driver or assistant driver of government vehicles for a minimum of 12 consecutive months or during at least 8,000 miles with no government motor vehicle accident or traffic violation recorded on his or her DA Form 348-1-R (Equipment Operator’s Qualification Record (Except Aircraft); and

	c.  perform satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

13.  Army Regulation 600-8-22 states the eligibility requirements for mechanics require that a Soldier must: 

		a.  pass aptitude tests and complete the standard mechanic’s course with a “skilled” rating or have demonstrated possession of sufficient previous experience as an automotive or engineer equipment mechanic to justify such a rating;

		b.  be assigned to primary duty as an automotive or engineer mechanic, unit level or higher, or is an active automotive or engineer mechanic instructor; or 

		c.  if required to drive an Army motor vehicle in connection with automotive mechanic or automotive mechanic instructor duties, qualify for a motor vehicle operators permit as prescribed above and perform duty which includes driving motor vehicles for a minimum of 6 consecutive months and have no Army motor vehicle accident or traffic violation recorded on his or her DA Form 348 (Equipment Operator’s Qualification Record (Except Aircraft)).

14.  Army Regulation 600-8-22 states the eligibility requirements for operators of special mechanical equipment require that a Soldier whose primary duty involves operation of Army materials handling or other mechanical equipment must have completed 12 consecutive months or 500 hours of operation, whichever comes later, without accident or written reprimand as the result of his or her operation, and his or her operating performance must have been adequate in all respects.

15.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Examples:  Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.)  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.  Authorized Component Bars are: bars are:  Rifle, Pistol, Anti-Aircraft Artillery, Automatic Rifle, Machine Gun, Field Artillery, Tank Weapons, Flamethrower, Submachine Gun, Rocket Launcher, Grenade, Carbine, Mortar, Recoilless Rifle, Bayonet, Rifle (small bore), Pistol (small bore), Missile, and Aero-weapons. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are not available for review with this case.  His DD Form 214 shows he served on active duty from 20 January 1955 to 12 December 1957.  He completed 11 months and 26 days of foreign service, presumably in Panama. 

2.  With respect to his education, the evidence of record shows he completed the tests of GED on 18 February 1957, prior to his separation from active duty.  Therefore, item 10a of his DD Form 214 should show "GED" vice the existing entry. 



3.  With respect to his awards: 

	a.  He was honorably released from active duty on 12 December 1957 and he completed 2 years, 10 months, and 23 days of total active service.  However, his DA Form 20 (Enlisted Qualification Record) which would have shown his conduct and efficiency ratings is not available for review with this case.  In the absence of this form, it is impossible to determine if he qualifies for award of the Army Good Conduct Medal.  There is insufficient evidence to support awarding him this medal. 

	b.  He served on active duty from 20 January 1955 to 12 December 1957.  The National Defense Service Medal was not authorized during this period.  Therefore, he is ineligible for this award. 

	c.  The Army Service Ribbon and Overseas Service Ribbon were created in 1981.  Although both awards may be awarded retroactively, this is contingent on having an Active Army status on or after 1 August 1981.  The applicant did not.  Therefore, he does not meet the criteria for either award. 

	d.  The American Defense Service Medal is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.  He does not meet the criteria for this award. 

	e.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.  The applicant does not meet the criteria for this award.

	f.  He does not meet the criteria for award of the Army Reserve Components Achievement Medal because this award is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an USAR troop program unit and has completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995. 

4.  There are no special orders, memoranda, disposition forms, endorsements, record fires, or firing scorecards to support his entitlement to any of the badges he requests.  In the absence of documentary evidence of his qualification in any weapon systems and the degree of qualification, there is insufficient evidence to support granting him any of the requested badges. 

5.  There insufficient evidence to support awarding him any of the drivers' badges he requests.  There is insufficient evidence to show he met the criteria in terms of qualifying for and possessing a current OF 346, assigned duties and responsibilities as a driver, and/or drove the required number of miles, etc.  

6.  The available evidence shows he enlisted in the rank/grade of private/E-1 and he was advanced to the permanent grade of private/E-2 but held the temporary rank/grade of SP2/E-5 at the time of his release from active duty.  There is no evidence in the form of a promotion instrument to support his contention that he held the rank/grade of SFC/E-7. 

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 deleting from item 10a of his DD Form 214 the entry "1 Year High School" and replacing it with the entry "General Educational Development (GED)." 

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:

	a.  showing he was advanced to the rank/grade of SFC/E-7; 

	b.  showing  awards of the Army Good Conduct Medal, National Defense Service Medal, Armed Forces Service Medal, Overseas Service [Ribbon], Army Service [Ribbon], American Defense Service Medal, and Army Reserve Components Achievement Medal; 

	c.  in effect, showing awards of the Driver/Mechanic Badge with Driver "T" and Driver "W" bars; and 

	d.  showing awards of the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (.45 Caliber), and Expert Marksmanship Qualification Badge with Rifle (M-1), Carbine (M-1), Machine Gun (30 Caliber), Grenade, Bayonet, Cannon Tank (90 mm), Cannon Tank (76 mm), Machine Gun (50 Caliber), and Machine Gun (30 Caliber) Bars.



      ___________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)                                         AR20140008104





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ABCMR Record of Proceedings (cont)                                         AR20140008104



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