BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140013972
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add all of the awards to which he is entitled.
2. The applicant states, in effect, that his DD Form 214 does not reflect all of his authorized awards.
3. The applicant provides no additional documents with his application.
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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was commissioned as a Regular Army Artillery second lieutenant upon graduation from the United States Military Academy at West Point, New York on 4 June 1954.
4. He completed his artillery officer basic course at Fort Sill, Oklahoma and was transferred to Fort Benning, Georgia where he completed the basic airborne course and Ranger course before being transferred to Fort Carson, Colorado for his first duty assignment.
5. He was promoted to the rank of first lieutenant on 4 December 1955 and on 14 February 1956, he was transferred to Germany. He departed Germany on 7 August 1957 and was transferred to Fort Hamilton, New York where he was honorably discharged on 13 August 1957 due to his unqualified resignation.
6. His DD Form 214 issued at the time of his discharge contains the entry NONE in item 26 under decorations, medal, badges, commendations, citations, and campaign ribbons awarded or authorized.
7. A review of the available records shows that in addition to completing airborne and ranger training, he qualified as an expert with the M2 carbine, M14 rifle and .45 caliber pistol.
8. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a qualifying period for award of the NDSM and is entitled to have that award added to his DD Form 214.
2. The applicant was awarded the Parachutist Badge, Ranger Tab, Expert Marksmanship Qualification Badge with Carbine, Rifle and Pistol Bars. Accordingly, they should be added to his DD Form 214 at this time.
BOARD VOTE:
___x_____ _x_______ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the awards of the NDSM, Parachutist Badge, Ranger Tab, and Expert Marksmanship Qualification Badge with Carbine, Rifle and Pistol Bars to his DD Form 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) AR20140013972
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ABCMR Record of Proceedings (cont) AR20140013972
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