BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160010796 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 BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160010796 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: a. awarding him the Army Good Conduct Medal; and b. adding the Army Good Conduct Medal and National Defense Service Medal to his DD Form 214. 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 correcting his DD Form 214 to show he served with the 173rd Airborne Brigade. _____________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. BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160010796 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 award of the Army Good Conduct Medal and that he served with the 173rd Airborne Brigade. 2. The applicant states he served in the military from 1962 to 1964. Initially, he was a member of the 503rd Airborne Battle Group (ABG) and they became the 173rd Airborne Brigade. He was never recognized for this service. He believes he deserves recognition for the service rendered. 3. The applicant provides no evidence to support his request. 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 1 May 1962 and he held military occupational specialty 111.07 (Light Weapons Infantryman). 3. Prior to the applicant’s arrival on Okinawa on 26 March 1963, Company B, 503rd Infantry, was assigned to the 173rd Airborne Brigade. 4. His DA Form 20 (Enlisted Qualification Record), item 29 (Foreign Service) shows he was assigned to Okinawa from on or about 30 October 1962 to 30 March 1964. He was assigned to: * Company B, 2nd ABG, 503rd Infantry, with the principle duties of a rocket gunner from 7 November 1962 to 24 June 1963 * Company B, 2nd Airborne Brigade, 503rd Infantry with the principle duties of an automatic rifleman from 25 June 1963 until he departed Okinawa in 1964 for early release 5. On 25 June 1963, 2nd ABG, 503rd Infantry, was reorganized and redesignated as the 2nd Battalion (Airborne), 503rd Infantry. 6. He was honorably released from active duty on 10 April 1964 due to early separation of oversea returnees and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows in: * Item 12 (Last Duty Assignment and Major Command) – “Co B, 2d Bn (ABN), 503rd Inf, USARPAC-O” * item 24a (Net Service This Period) – 1 year, 11 months, and 10 days * item 24c (Foreign and/or Sea Service) – “USARPAC-Okinawa 1 year, 4 months, and 27 days” * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and Parachutist Badge 7. His record does not show he was awarded the Army Good Conduct Medal. Additionally, his record shows no derogatory information. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received all "excellent" conduct ratings and one “good” efficiency rating when he was assigned to a unit at Fort Benning in a training status. REFERENCES: 1. Army Regulation 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 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. 2. Army Regulation 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. 3. Army Regulation 635-5 (Personnel Separations-Separation Documents) states enter in item 12 (Last Duty Assignment and Major Command) the individual’s current unit of assignment and the title of the major command or agency having jurisdiction over that organization. DISCUSSION: 1. He served honorably in an active duty status from 1 May 1962 to 10 April 1964. There is no record of any derogatory information in the applicant's service record and no notification of disqualification. He received all "excellent" conduct ratings and one “good” efficiency rating based upon academic proficiency subsequent to 22 November 1955, which was not disqualifying for award of the Army Good Conduct Medal. He also had no court-martial convictions. The evidence indicates he met the criteria for award of the Army Good Conduct Medal. 2. He served a qualifying period of service for the National Defense Service Medal, which is not shown on his DD Form 214. 3. The applicant contends he was a member of the 503rd ABG, which became the 173rd Airborne Brigade, and he believes he should receive recognition for serving with this unit. 4. On 26 March 1963, Company B, 503rd Infantry, was assigned to the 173rd Airborne Brigade on Okinawa. However, on 25 June 1963, 2nd ABG, 503rd Infantry was reorganized and redesignated as the 2nd Battalion (Airborne), 503rd Infantry. On 10 April 1964, when the applicant was released from active duty, this unit was correctly listed on his DD Form 214. The regulation provided for listing only the last unit of assignment on the 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) AR20160010796 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010796 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2