IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150005572 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, that the following corrections be made to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 August 1957: a. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – add Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM). b. Item 28 (Service Schools or College, College Training, Courses and/or Post – Graduate Courses Successfully Completed) – add the Basic Airborne Course. c. Show he was assigned to the 376th Field Artillery, 82nd Airborne Division, in 1954. 2. The applicant states, in effect: a. His service records were destroyed in the fire in St. Louis, MO in 1973. b. His ARCOM and AGCM were awarded to him by the U. S. Army Human Resources Command (HRC) and he now wants them added to his DD Form 214. c. He completed the Basic Airborne Course, was issued a certificate and was assigned to the 376th Field Artillery, 82nd Airborne Division in 1954, and requests those entries be added to his DD Form 214. 3. The applicant provides: * self-authored letter * DD Form 214 for the period ending 12 August 1957 * DA Form 137 (Installation Clearance Certificate) * Honorable Discharge Certificate * Letter of Appreciation (LOA) dated 20 May 1957 * Basic Airborne Course Certificate dated 17 December 1953 * Headquarters 1st Cavalry Division, Japan, Certificate of Achievement * Orders Number 7, 376th Airborne Field Artillery Battalion, Fort Bragg, NC, dated 26 March 1954 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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there is sufficient information available to conduct a fair and impartial review of this case. 3. On 30 June 1953, the applicant enlisted in the Regular Army. After initial training, he was awarded military occupational specialty 146.70 (Intelligence Field Artillery Operations). 4. On 12 August 1957, the applicant was honorably released from active duty and transferred to a U.S. Army Reserve unit. He completed 4 years, 1 month, and 13 days of net service this period. 5. His DD Form 214 shows: * item 12 (Last Duty Assignment and Major Command) – Headquarters Battery, 99th Field Artillery Battalion, Japan * item 26 – National Defense Service Medal * item 28 – None 6. The applicant provides a self-authored letter stating that he was authorized the ARCOM and AGCM from HRC. Documents obtained from HRC verify that he was authorized the AGCM and the Cold War Recognition Certificate, but that, essentially, his Certificate of Achievement could not be upgraded to an ARCOM. He was issued a DD Form 215 (Correction to DD Form 214) on 31 March 2015. 7. The applicant also provided a Basic Airborne Course Certificate dated 17 December 1953; Orders Number 7, 376th Airborne Field Artillery Battalion which promoted him to private first class (PFC); and a Certificate of Achievement from Headquarters, 1st Cavalry Division, for service while attached to Headquarters Battery, 99th Field Artillery Battalion, 1st Cavalry Division Artillery. 8. Army Regulation 635-5 (Separation Documents) at that time, establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it states, for entering service schools in item 28, to include the dates and major courses which were successfully completed. The entry also includes military-sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his Basic Airborne Course Certificate, ARCOM, and AGCM should be added to his DD Form 214 for the period ending 12 August 1957, and that his DD Form 214 should reflect that he served with the 376th Field Artillery, 82nd Airborne Division in 1954. 2. The applicant provided a certificate showing he completed the Basic Airborne Course on 17 December 1953; therefore, it would be appropriate to list that course in item 28 of his DD Form 214. 3. HRC has already awarded the applicant the AGCM and the Cold War Recognition Certificate; however, they denied his request for the ARCOM. There are no orders in the applicant's military service record nor does he provide any to show he was awarded the ARCOM. There is insufficient evidence upon which to add the ARCOM to his DD Form 214 in this case. 4. There are no provisions in Army regulations to list all units an individual was assigned to on the DD Form 214. 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 28 of his DD Form 214 an entry showing he completed the Basic Airborne Course. 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 ARCOM and his assignment to the 376th Field Artillery, 82nd Airborne Division. _____________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) AR20150003374 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005572 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1