BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140017060 


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 reflect assignment to the 82nd Airborne Division, foreign service in the Dominican Republic, award of the Army Good Conduct Medal, and award of the Armed Forces Expeditionary Medal.

2.  The applicant states:

* he served in the 82nd Airborne Division from September 1962 through June 1965, but this is not reflected on his DD Form 214
* he deployed to the Dominican Republic from 1 May 1965 through 3 June 1965, but this is not reflected on his DD Form 214
* he should have been awarded the Army Good Conduct Medal and the Armed Forces Expeditionary Medal
* he wants to join the Veterans of Foreign Wars

3.  The applicant provides his DD Form 214.

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.  After a period of honorable enlisted service in the Army National Guard, the applicant enlisted in the Regular Army on 7 June 1962.

3.  Headquarters, Support Group, 82nd Airborne Division, Special Orders Number 51, dated 13 March 1963, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Pistol Bar.

4.  On 12 November 1963, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for driving 35 miles per hour in a 25-mile per hour speed zone.

5.  His records contain a memorandum addressed to the Commanding General, 82nd Airborne Division, from the Adjutant, 782nd Maintenance Battalion (Airborne Division), San Isidro, Dominican Republic, dated 16 May 1965, which requested the applicant's return to Fort Bragg, NC, for purposes of discharge.  His records also contain an undated disposition form requesting airlift transportation from the 1st Aerial Port Terminal, San Isidro Air Base, Dominican Republic, to Fort Bragg, NC, for purposes of discharge.  His records are void of any other documents or orders placing him in the Dominican Republic.

6.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  His DA Form 24 (Service Record) shows he had all "excellent" conduct and efficiency ratings with exception of a rating of "good" in efficiency during the period he was a student in training at Fort Benning, GA, from 17 July 1962 through 29 August 1962.

7.  Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record), and section 5 (Service Outside Continental United States) of his DA Form 24 both show no foreign service.

8.  Item 33 (Record of Assignments) of his DA Form 20 and section 2 (Chronological Record of Military Service) of his DA Form 24 reflect his assignment to Company C and Headquarters and Headquarters Company, 782nd Maintenance Battalion, 82nd Airborne Division, Fort Bragg, NC, from 19 September 1962 through 7 June 1965.

9.  He was honorably released from active duty on 8 June 1965 by reason of expiration term of service.  His DD Form 214 shows in:

* item 12 (Last Duty Assignment and Major Command) – Headquarters and Headquarters Company, 782nd Maintenance Battalion, 3rd U.S. Army
* item 24c (Foreign and/or Sea Service) – no service
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Parachutist Badge

10.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.

	b.  Table 2-2 (Armed Forces Expeditionary Medal – Designated U.S. Military Operations) lists operations in the Dominican Republic from 28 April 1965 through 21 September 1966 as qualifying for award of the Armed Forces Expeditionary Medal.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

	a.  The preparation instructions stated the losing unit of assignment as shown in the standard name line and the title of the major command or agency having jurisdiction over the losing unit of assignment would be entered in item 12.

	b.  The preparation instructions stated the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater this service was performed in would be entered in item 24c.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to reflect assignment to the 82nd Airborne Division, foreign service in the Dominican Republic, award of the Army Good Conduct Medal, and award of the Armed Forces Expeditionary Medal was carefully considered.

2.  Accepting nonjudicial punishment under the Uniform Code of Military Justice for a minor offense does not preclude him from eligibility for the Army Good Conduct Medal.  His records show he otherwise received all "excellent" ratings for conduct and efficiency outside of in the training environment and had no convictions by court-martial.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 7 June 1962 to 8 June 1965 and his DD Form 214 should be corrected to show this medal.

3.  His records contain orders awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, his DD Form 214 should be corrected to show these badges.

4.  The applicant's DD Form 214 is appropriately annotated with the last unit to which he was assigned and the Army major command under which his unit fell, the 3rd U.S. Army.  Nonetheless, as the 782nd Maintenance Battalion was subordinate to the 82nd Airborne Division there is no harm to the Army or the applicant by amending his DD Form 214 to show not only the last battalion-level unit and major command to which he was assigned, but also the division.

5.  Although there are two documents in his service records that establish his likely presence in the Dominican Republic with the 782nd Maintenance Battalion during a qualifying time period for the Armed Forces Expeditionary Medal eligibility for operations in the Dominican Republic, there is no documentation showing he was in country from 1 May 1965 through 3 June 1965 as he contends.  His dates of deployment in the Dominican Republic are unknown and undocumented.  There is no evidence of record corroborating the requisite 30 consecutive or 60 nonconsecutive days of deployment in the area of operations.  Therefore, there is insufficient evidence to support awarding him the Armed Forces Expeditionary Medal for his deployment to the Dominican Republic at this time.

6.  As there are no deployment orders or other documentation in his records reflecting his dates of deployment to the Dominican Republic and he did not provide any corroborating documentation, there is insufficient evidence to support annotating this foreign service on his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  __X______  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 7 June 1962 to 8 June 1965
* deleting the current entry in item 12 of his DD Form 214
* adding the following entry to item 12 of his DD Form 214:  "Headquarters and Headquarters Company, 782nd Maintenance Battalion, 82nd Airborne Division, 3rd U.S. Army"



* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar

2.  The Board further determined 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 award of the Armed Forces Expeditionary Medal and annotation of foreign service on 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)                                         AR20140017060



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ABCMR Record of Proceedings (cont)                                         AR20140017060



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