IN THE CASE OF:	   

		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140014830 


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:

* the country where he served overseas
* he was extended on active duty 
* the Army Good Conduct Medal, Pathfinder Badge, and Pioneer Badge 

2.  The applicant states his DD Form 214 omitted certain entries and/or awards

3.  The applicant provides his DD Form 214, DA Form 20 (Enlisted Qualification Record), and separation orders. 

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 records show he enlisted in the Regular Army for 3 years on 2 December 1958.  His expiration of term of service (ETS) date was established as 1 December 1961.

3.  After completion of basic combat training, he completed an 8-week course and was awarded military occupational specialty (MOS) 510.00 (Construction Helper).  He served in Korea, U.S. Army Pacific (USARPAC), from 17 October 1959 to 9 December 1960, a period of 1 year, 1 month, and 23 days, assigned as follows: 

* Headquarters and Service Company, 44th Engineer Battalion, in MOS 526.10 (Water Supply Specialist)
* Company B, 11th Engineer Battalion, in MOS 121.10 (Combat Construction Specialist) 

4.  Following completion of his Korea tour, he was reassigned to U.S. Army Garrison, Fort Jackson, SC, where he performed duties in MOS 540.00 (Laborer/Duty Soldier). 

5.  He was honorably released from active duty in the temporary rank/grade of private first class (PFC)/E-3 (T) on 2 March 1962.  He completed 3 years, 3 months, and 1 day of total active service with no lost time.  His DD Form 214 shows in: 

* Item 24c (Foreign and/or Sea Service) – the entry "1-1-23"
* Item 26 (Decorations, Medals, Badges Commendations, Citations and Campaign Ribbons Awarded or Authorized), the entry "NA"
* Item 32 (Remarks) information related to his blood type, permanent grade, leave payment, and social security number

6.  His DA Form 24 (Service Record) shows in: 

* Section 4 (Chronological Record of Military Service) he received all "excellent" conduct and efficiency ratings throughout his military service
* Section 9 (Medals, Decorations, and Citations), he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) 
* Section 10 (Remarks) the entry "ETS adjusted to March 1962 under the provisions of Public Law 87-117, dated 1 August 1961" 

7.  On 26 October 2010, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added awards of the National Defense Service Medal and the Korea Defense Service Medal. 

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  A breakdown of the DD Form 214 shows in:

* item 24c, for enlisted personnel, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, for example, USARPAC 
* item 26, enter decorations awarded or authorized
* item 32, was used to complete entries too long for their respective blocks and/or used for cross-reference; when an enlisted person is retained in service beyond ETS date as authorized in Army Regulation 635-200 (Personnel Separations), enter "Retained in service (number of) days for convenience of the Government"

9.  During the Vietnam War, the DD Form 214 was changed.  Item 32 was renumbered as item 30.  It still listed those mandatory entries and other entries too long for their respective blocks.  A new entry was required for Indochina and Korea service on or after 5 August 1964, enter inclusive dates of service and indicate "Yes" or "No" for service in Indochina or Korea 

10.  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.  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.

11.  Army Regulation 600-8-22 (Military Awards) states award of the Pathfinder Badge requires successful completion of the Pathfinder Course conducted by the U.S. Army Infantry School.  Any person previously awarded the Pathfinder Badge for completion of Pathfinder training is authorized award of the Pathfinder Badge. The Pathfinder Badge may be approved by the Commandant, U.S. Army Infantry School.

12.  Army Regulation 600-8-22 states the Sapper Tab was established on 28 June 2004.  The basic eligibility criteria are successful completion of all graduation requirements and a graduation certificate from a Sapper Leader Course conducted by the U.S. Army Engineer School.  The Sapper Tab may be awarded retroactively to any person who successfully completed all graduation requirements and received a graduation certificate from the Sapper Leaders Course on or after 14 June 1985.  Retroactive requests will be submitted to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-CC-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the foreign service, the applicant served in Korea from 17 October 1959 to 9 December 1960, a period of 1 year, 1 month, and 23 days. Item 24c of his DD Form 214 correctly captured this foreign service but omitted the major overseas theater, USARPAC in his case.  Therefore, he is entitled to correction of item 24c of his DD Form 214 to add the word "USARPAC." 

2.  With respect to his awards and decorations, in item 26: 

	a.  He served honorably from 2 December 1958 to 2 March 1962.  He attained the temporary rank/grade of PFC/E-3 and completed a tour in Korea.  He served a qualifying period of service and he received all  "excellent" conduct and efficiency ratings throughout his service with no record of disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 2 December 1958 to 1 December 1961 and to correct his DD Form 214 to show this award.

	b.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) which is not show on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to add this badge. 

	c.  There is no  evidence the applicant successfully completed the Pathfinder Course conducted by the U.S. Army Infantry School.  As a result, he does not meet the criteria for this award. 

	d.  There is no such badge as the Pioneer Badge.  Currently, combat engineers are authorized the Sapper Tab (it was established on 28 June 2004).  However, there is no evidence the applicant successfully completed all graduation requirements and provided a graduation certificate from a Sapper Leader Course conducted by the U.S. Army Engineer School.  As such, he does not meet the criteria for this tab.

3.  With respect to being retained on active duty, the applicant initially enlisted for 3 years.  However, he was retained on active duty for an additional 91 days under the provision of Public Law 87-117, dated 1 August 1961.  He is entitled to correction of item 32 of his DD Form 214 to reflect this fact. 

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 item 24c of his DD Form 214 the entry "USARPAC" 
* awarding him the Army Good Conduct Medal (1st Award) for the period 2 December 1958 through 1 December 1961
* adding to item 26 of his DD Form 214 the Army Good Conduct Medal (1st Award) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* adding to item 32 of his DD Form 214 the entry "Retained in service 91 days for the convenience of the Government"

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 Pathfinder Badge and/or the Pioneer Badge. 



      ____________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)                                         AR20140014830



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ABCMR Record of Proceedings (cont)                                         AR20140014830



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