IN THE CASE OF:	  

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20140021667 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to:

* add the National Defense Service Medal (NDSM)
* add any other awards he was authorized during his active duty U.S. Army
  and U.S. Marine Corps (USMC) Reserve service
* show he was discharged on 22 April 1964 instead of 22 March 1964

2.  He states he never received the NDSM and his discharge date is incorrect.

3.  He provides his DD Form 214, USMC enlistment contract, and USMC promotion 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.  Having prior service in the USMC Reserve, the applicant was inducted on 23 April 1962 and after completing his initial training he was awarded military occupational specialty 181.10 (Radar Operator).

3.  On 15 June 1962, Headquarters, 5th Training Regiment (Basic Combat Training), U.S. Army Training Center, Armor, Fort Knox, KY, issued Special Orders Number 119, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

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

   a.  Section 4 (Chronological Record of Military Service), his last duty assignment was with the 5th Missile Battalion, 56th Artillery, Ohio, from 25 May 1963 to 22 April 1964; and

	b.  Section 4, he received all “excellent” efficiency and conduct ratings during his period of service except during periods when he was in a trainee status, during which he received “unknown” ratings, or during periods that he was in a transient status, where he received no rating.

5.  Special Orders Number 49, issued by the 5th Missile Battalion (Nike Hercules), 56th Artillery, dated 11 March 1964, listed his effective date of discharge (EDCSA (Effective Date of Change in Strength Accountability)) as 22 April 1964.

6.  His DD Form 214 issued at the time of his separation shows he was honorably discharged in the rank of PFC on 22 March 1964 after completing 2 years of net active service during the period.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the Expert Marksmanship Qualification Badge with Carbine Bar.

7.  There is no evidence in the available records showing he was awarded the Army Good Conduct Medal (AGCM); nor is there a commander's disqualification statement in his record pertaining to the AGCM.

8.  The applicant provides his USMC enlistment documents and USMC promotion orders to private first class (PFC)/E-3.


9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  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

10.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for various time periods including the period between 1 January 1961 and 14 August 1974.

11.  Army Regulation 635-5 (Personnel Separations - Separation Forms), in effect at the time, prescribed the policies and procedures concerning the preparation of separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Item 11d (Effective Date) is the date so specified in separation ordered or termination of active duty orders.  For item 26 enter decorations, etc., awarded or authorized during the period covered by the DD Form 214 from the Soldier’s DA Form 24.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 24 and his discharge orders show his effective date of discharge as 22 April 1964.  Further his DD Form 214 states his net service during this period was 2 years.  It appears that his discharge date was incorrectly listed as 22 March 1964; therefore, it would be appropriate to correct his DD Form 214 to show the date of discharge as shown on his Service Record and separation orders.

2.  The available evidence shows he qualified as a Sharpshooter with the 
M-1 Rifle in June 1962 and he served on active duty during a period when the NDSM was authorized.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  He received "excellent" conduct and efficiency ratings during his service, he was promoted to PFC/E-3, and there is no record of any disciplinary action taken against him.  Based on his overall record of service, it would be appropriate at this time to award him the AGCM (1st Award) for the period 23 April 1962 through 22 April 1964 and to correct his DD Form 214 to show this award.

4.  The applicant’s USMC records are not available for review; however, the applicable regulation, in effect at the time, made no provision to list awards receive outside the period covered by the DD Form 214.  As such, his USMC awards are not authorized to be listed on his U.S. Army DD Form 214 ending 22 April 1964.

5.  In view of the above, he should be granted partial relief.

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:
	
	a.  awarding him the AGCM (1st Award) for the period 23 April 1962 through 22 April 1964;

   b.  amending item 11(d) of his DD Form 214 to show 22 April 1964;

	c.  adding to item 26 of his DD Form 214 the:

* National Defense Service Medal
* AGCM (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)


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 adding awards from his USMC service to his U.S. Army 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)                                         AR20140021667



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ABCMR Record of Proceedings (cont)                                         AR20140021667



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