IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150013191 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150013191 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 14 August 1962 through 4 August 1965 * adding to his DD Form 214 the National Defense Service Medal and Army Good Conduct Medal (1st Award) 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 German Parachutist Badge. ____________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. IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150013191 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 (Armed Forces of the United States Report of Transfer or Discharge) to show the National Defense Service Medal, German Jump [Wings] (correctly known as the German Parachutist Badge), and all other awards he may be eligible to receive. 2. The applicant states there is no information on overseas duty. 3. The applicant does not provide any additional evidence. 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 14 August 1962. He completed training for award of military occupational specialty 36C (Lineman). He also completed the Basic Airborne Course. 3. He served in Germany, U.S. Army Europe (USAREUR), from 13 February 1964 to 24 July 1965. He was assigned to Company B, 8th Engineer Battalion. 4. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record) shows Special Orders (SO) were published by various headquarters awarding him the: * Marksman Marksmanship Qualification Badge with Rifle Bar on 24 September 1962 * Parachutist Badge on 31 January 1963 * Expert Marksmanship Qualification Badge with Rifle Bar (M-14), 9 April 1963 * Marksman Marksmanship Qualification Badge with Rifle Bar on 1 October 1963 5. He was honorably released from active duty in the rank/grade of private first class (PFC)/E-3 on 4 August 1965. He completed 2 years, 11 months, and 21 days of active service with no lost time. His DD Form 214 shows: * he completed 1 year, 5 months, and 2 days of foreign service in USAREUR * he was awarded or authorized the Parachutist Badge and Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 6. His records contain DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice) that shows he accepted nonjudicial punishment under Article 15 on 12 August 1964 for being disrespectful in language and deportment toward a staff sergeant. 7. Aside from his NJP, his records do not contain any evidence of lost time, court-martial conviction, or any other derogatory information. Additionally, his DA Form 24 shows he received "excellent" conduct and efficiency ratings throughout his service. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 2. AR 600-8-22 prescribes the criteria for awards and decorations. Chapter 9 outlines the policies pertaining to eligibility of individuals to accept and/or wear decorations and badges tendered by foreign governments. a. Paragraph 9-25(a) states individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award. Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. Individual decorations that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the recipient. Of particular importance are the criteria established by the military department of the host country; for example, if a particular decoration is authorized for award only to enlisted personnel of the host country, that badge may be accepted and worn only by U.S. Army enlisted personnel. b. Commanders (overseas and in the continental United States) serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D (Foreign Badges). This authority may be further delegated to commanders charged with custody of military personnel records files. The burden of proof rests with the individual Soldier to produce valid justification, such as orders, citations, or other original copies of the foreign elements that awarded the badge. Any individual foreign decoration not listed in Appendix E (Foreign Decorations) will be forwarded to the Commander, U.S. Army Human Resources Command, Fort Knox, KY, for approval. c. Foreign badges authorized for acceptance and wear on the Army uniform are shown in Table D-1 (Foreign Badges). Foreign decorations approved for acceptance and wear are shown in Table E-1 (Foreign Decorations). 3. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service. The service must have been 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. There must have been no convictions by a court-martial. DISCUSSION: 1. The applicant served a qualifying period of service for award of the National Defense Service Medal. This award is not listed on his DD Form 214. 2. He also met the criteria for award of the Army Good Conduct Medal by serving honorably from 14 August 1962 through 4 August 1965, serving in Germany, USAREUR; attaining the rank/grade of PFC/E-3, and receiving all "excellent" conduct and efficiency ratings throughout his military service. Aside from his NJP for a relatively minor offense, his record does not contain any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). 3. The applicant contends his DD Form 214 should show his German Parachutist Badge. He provides no evidence and his records contain none to support this contention. Additionally, he provides no evidence that this foreign award was approved by an appropriate authority or a commander charged with the custody of military personnel records files for acceptance, retention, and permanent wear. There is an insufficient basis to add this foreign award to his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013191 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013191 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2