BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140017078 


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 he held the rank/grade of sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4 at the time of his release from active duty (REFRAD).

2.  He states, in effect, that he had attained the rank/grade of SGT/E-5 prior to being REFRAD and that is the rank shown on Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 145, dated 25 May 1970.  He believes this error was overlooked at his time of separation.

3.  The applicant provides:

* DD Form 214
* Special Orders Number 145, dated 25 May 1970

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 record shows he was inducted into the Army of the United States on 15 October 1968.

3.  His record contains a DA Form 20 (Enlisted Qualification Record) which shows in:

	a.  item 29 (Qualification in Arms), he qualified as a:

		(1)  Sharpshooter with the M-60 machine gun on 26 February 1969; and

		(2)  Marksman with the M-16 rifle on 20 February 1969.

	b.  item 31 (Foreign Service), he served in U.S. Army Pacific Command (USARPAC) - Korea from 25 April 1969 through 24 May 1970, a period of 1 year and 1 month;

	c.  item 33 (Appointments and Reductions), no indication that he was promoted to SGT/E-5;

	d.  item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings throughout his service; and

	e.  item 41 (Awards and Decorations), that he was awarded or authorized the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant's record contains a DA Form 137 (Installation Clearance Record) which shows his rank/pay grade as SGT/E-5 in the standard name line section and in his signature block.  The "Remarks" section shows that he was recommended for award of the Army Good Conduct Medal based upon his "excellent" conduct and efficiency ratings.

5.  His record is void of any orders showing he was promoted to SGT/E-5.



6.  His record contains the following documents which show his rank/pay grade as SGT/E-5:

* DA Form 1811 (Physical and Mental Status on REFRAD), dated 25 May 1970
* Special Orders Number 145, dated 25 May 1970
* DA Form 2376 (Notification to State Adjutants General REFRAD of Obligated Reservist), dated 25 May 1970

7.  He was honorably REFRAD on 25 May 1970 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 7 months, and 11 days of total active service.

8.  The DD Form 214 issued to him at the time of his REFRAD shows in:

	a.  item 5a (Grade, Rate or Rank), that he held the rank of SP4 at the time of his separation;

	b.  item 5b (Pay Grade), that he held pay grade E-4 at the time of his separation;

	c.  item 22c (Foreign and/or Sea Service), that he served a total of 1 year and 1 month of foreign and/or sea service; and

	d.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows he was awarded or authorized the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

10.  His record also contains Reserve Letter Orders Number 09-1298548 issued by the Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, on 25 September 1974.  These orders show he was honorably discharged from the USAR on 1 October 1974 as a result of the expiration of his term of service.  These orders show his rank as SGT.
11.  References:

	a.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it stated that:

		(1)  the rank and pay grade of the Soldier being separated should be entered in items 5a and 5b, respectively, of the DD Form 214; and

		(2)  decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized would be entered in item 24.

	b.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show his final rank/pay grade as SGT/E-5 was carefully considered and determined to have merit.

2.  Although his record is void of orders showing he was promoted to SGT/E-5, his military personnel record contains several documents showing he held the rank/grade of SGT/E-5 on the date of his REFRAD.  As such, it appears the rank/pay grade entered on his DD Form 214 were the result of a typographical error.  Therefore, he it would be appropriate to correct of this document to show his rank/pay grade as SGT/E-5 at the time of his REFRAD.

3.  The evidence of record clearly shows the applicant completed a qualifying period of service in Korea for the Korea Defense Service Medal.  Therefore, it would be appropriate to add this medal to his DD Form 214.

4.  Evidence shows the applicant qualified as a Sharpshooter with the M-60 machine gun and as a Marksman with the M-16 rifle.  Therefore, he it would be appropriate to correct his DD Form 214 to show award of the following marksmanship qualification badges:

* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 15 October 1968 through 25 May 1970 and to correct his DD Form 214 to show this award.

BOARD VOTE:

__x______  __x______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 15 October 1968 through 25 May 1970;

	b.  deleting the current entry in item 5a and replacing it with the entry "SGT;"

	c.  deleting the current entry in item 5b and replacing it with the entry "E-5;"




	d.  adding to item 24 the:

* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   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)                                         AR20140017078





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ABCMR Record of Proceedings (cont)                                         AR20140017078



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