IN THE CASE OF:	  

		BOARD DATE:	  21 July 2015

		DOCKET NUMBER:  AR20140017510 


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 his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 December 1976 to show award of the:

* National Defense Service Medal (NDSM)
* Army of Occupation Medal (AOM)
* Army Good Conduct Medal (AGCM)
* Meritorious Unit Commendation (MUC)
* Combat Infantryman Badge (CIB)

2.  The applicant states the records were lost by Army personnel.  He worked hard and sacrificed his life for these medals. 

3.  The applicant provides his DD Form 214 for the period ending 30 December 1976.

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 enlisted in the Regular Army on 23 March 1973 for 4 years.  He completed his training and he was awarded military occupational specialty (MOS) 11C (indirect fire infantryman).  He served in MOS 11C while assigned to the Combat Support Company (CSC), 2nd Battalion, 6th Infantry Regiment in Germany.  He was honorably discharged on 30 December 1976 for immediate reenlistment.  His DD Form 214 for the period ending 30 December 1976 shows he was awarded or authorized the:

* NDSM
* AOM
* AGCM

3.  Since the NDSM, AOM, and AGCM are shown on his DD Form 214 for the period ending 30 December 1976, this portion of his request will not be discussed further in this Record of Proceedings.

4.  He reenlisted in the Regular Army on 31 December 1976 and remained on active duty through continuous reenlistments.  He served as an aircraft electrician while assigned to the 271st Aviation Company in Korea from July 1981 to July 1982.  On 16 September 1983, he was honorably discharged for expiration term of service.

5.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 September 1983 shows he was awarded or authorized the:

* Army Service Ribbon
* Overseas Service Ribbon
* NDSM
* AGCM (3rd Award)
* Noncommissioned Officer Professional Development Ribbon (1st Award)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Commendation Medal
* Aircraft Crewman Badge

6.  There are no orders for the MUC or CIB in the available records.

7.  Army Regulation 600-8-22 (Military Awards) states the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.

8.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. 

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict.  This pamphlet does not show the applicant's units (CSC, 2nd Battalion, 6th Infantry Regiment, or 271st Aviation Company) were awarded the MUC for actions during the applicant's periods of assignment.

10.  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 stated to list awards and decorations for all periods of service on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record showing the applicant's units were cited for award of the MUC.  As such, there is insufficient evidence on which to base adding the MUC to his DD Form 214.

2.  The applicant's contention that award of the CIB is missing from his DD Form 214 is noted.  However, the United States wasn’t conducting military operations against an armed enemy in Germany during the applicant’s periods of assignment and he did not serve as an infantryman in Korea.  Therefore, he did not meet the eligibility requirements for award of the CIB.  As such, there is insufficient evidence on which to base adding this badge to his DD Form 214.

3.  Since the regulation governing preparation of separation documents in effect at the time stated to list awards and decorations for all periods of service on the DD Form 214, it would be appropriate to add award of the AOM to his DD Form 214 for the period ending 16 September 1983 at this time.

4.  As a point of interest, the ABCMR does not issue medals.  Requests for medals for previously-approved awards should be forwarded to the National Personnel Records Center (NPRC) at the following address:  NPRC (Military Personnel Records), 1 Archives Drive, St. Louis, MO 63138-1002.  Requests to the NPRC may be submitted online through the eVetRecs website at:  http://www.archives.gov/veterans/military-service-records/standard-form-180.html, or via mail or fax (314-801-9195), or by completing a Standard Form 180 (Request Pertaining to Military Records), which is available for download at the same website.  At a minimum, all requests must include a copy of the individual's separation or discharge paperwork and any other supporting documentation to substantiate the request.  All requests must be signed and dated.

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 adding the AOM to his DD Form 214 for the period ending 16 September 1983.

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 adding awards to his DD Form 214 for the period ending 30 December 1976 and a formal hearing.



      _____________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)                                         AR20140017510



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ABCMR Record of Proceedings (cont)                                         AR20140017510



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