BOARD DATE:	15 January 2015  

		DOCKET NUMBER:  AR20140008189 


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 this DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add campaign ribbons and any awards to which he may be entitled.

2.  The applicant states his DD Form 214 for the period ending on 23 December 1963 is incomplete because it did not list any campaign medals.

3.  The applicant provides his DD Forms 214 for the periods ending on 20 May 1955 and 23 December 1963.

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 27 July 1953 and held military occupational specialty 1844 (Field Artillery Crewman). 

3.  His record contains a DA Form 230 (Service Record) covering the period 
27 July 1953 to 20 May 1955, and shows:

	a.  He was assigned to Germany from 22 January 1954 to 27 April 1955 and served with A Battery, 74th Armored Field Artillery Battalion from 2 February 1954 to 3 April 1955  and with Howitzer Company, 3rd Battalion, 6th Armored Cavalry Regiment from 4 April 1955 to 26 April 1955.

	b.  He was awarded or authorized the National Defense Service Medal and the Army of Occupation Medal (Germany).

4.  He was honorably released form active military service on 20 May 1955 and was transferred to the U.S. Army Reserve.  His DD Form 214 confirms he was awarded or authorized the National Defense Service Medal and the Army of Occupation Medal (Germany).

5.  He served in the USAR from 21 May 1955 to 14 March 1961 and he subsequently enlisted in the Regular Army on 15 March 1961.

6.  Special Orders (SO) Number 86, issued by Headquarters, 3rd Training Regiment, Basic, U.S. Army Training Center, Engineer, Fort Leonard Wood, MO, on 29 April 1961 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

7.  SO Number 172, issued by Headquarters, 22nd Artillery Group (Air Defense), Orland Park, IL, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (.30 Caliber Carbine).

8.  His record contains a DA Form 24 (Service Record) for the period 15 March 1961 to 23 December 1963 and shows:

	a.  He was assigned to Alaska from 25 October 1961 to 17 December 1963 and served with:

* Headquarters and Headquarters Battery, 1st Howitzer Battalion, 37th Artillery Regiment, 172nd Infantry Brigade from 25 October 1961 to 
23 March 1962
* Battery B, 1st Howitzer Battalion, 37th Artillery Regiment, 172nd Infantry Brigade from24 March 1962 to 30 June 1963
* Battery C, 1st Battalion, 37th Artillery Regiment, 172nd Infantry Brigade from 1 June 1963 to 17 December 1963

	b.  He was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar and a Letter of Appreciation.

9.  He was honorably discharged on 23 December 1963.  His DD Form 214 shows he completed 2 years, 9 months, and 9 days of net active service, of which 2 years, 1 month, and 24 days was credited as foreign service in U.S. Army Alaska (USARAC).  His DD Form 214 also shows he was awarded or authorized a letter of appreciation.

10.  DA Pamphlets 672-1 and 673-3 (Unit Citation and Campaign Participation Credit Register) to not cite any of the units the applicant served with during the period covered by his DD Forms 214 for the periods ending on 20 May 1955 and 23 December 1963 with campaign participation credit or unit awards during the periods of his service.

DISCUSSION AND CONCLUSIONS:

1.  Neither of the applicant’s DD Forms 214 reflect any campaign ribbons because none of the units he served with were involved in campaigns during the period of his service in those units.  Additionally, his record does not contain and he has not provided any evidence to show he participated in any campaigns.  As such, there is insufficient evidence to add campaign ribbons to either of his DD Forms 214.

2.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Marksman Marksmanship Qualification Badge with Rifle Bar (.30 Caliber Carbine) during the period of service covered by his DD Form 214 for the period ending on 23 December 1963.  Therefore, he is entitled to correction of this DD Form 214 to add these badges.

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 for the period ending on 23 December 1963 the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Marksman Marksmanship Qualification Badge with Rifle Bar (.30 Caliber Carbine).

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 adding campaign ribbons to his DD Forms 214.



      _______ _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)                                         AR20140008189





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ABCMR Record of Proceedings (cont)                                         AR20140008189



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