ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 September 2019 DOCKET NUMBER: AR20170013590 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show any awards he was issued. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter to Case Management Division (CMD), 2017 * DD Form 214 * NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service in the Army National Guard of Washington) * Photographs (2) * Copy of Cold War Medals * Certificate of Recognition issued by the Secretary of Defense * Excerpt of Medical Records * DA Form 24 (Service Record) (1 page) * United States Finance School Graduation Program, from 13 August 1957 to 8 October 1957 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his DD Form 214 does not reflect all awards that should have been issued to him. He was unaware at the time of discharge of the awards. He adds by separate letter he is sending some hospital records that may help him getting his medical records straightened out before he dies. He hopes that happens. He talks about being hospitalized from bronchial pneumonia for 29 days he was a smoker who quit. While in Germany he was informed that his records were lost. He had to get his shots taken again that is when they were using the gun which stop (sic) several drugs into a person’s arm unlike in basic training they used on syringe for each drug. He said they came close to going to war with Russia over Berlin. His wife was in Germany in 1959 at the time and what she went through for she was alone, while on base, so she wanted him out of the military. He would like to know why he is not entitled to the Cold War Medal. 3. The applicant provides: a. His DD Form 214, for the period ending 23 February 1960. b. His NGB Form 22, for the period ending 16 June 1961. It does not reflect any awards. c. Photographs of applicant on leave while in Basic Training and Finance School at Fort Benjamin Harrison, IN. d. Photographs of medals he is inquiring about: Cold War Victory Medal, Honorable Discharge Medal, American Defense Medal, Overseas Service Ribbon, North Atlantic Treaty Organization (NATO) Medal, and National Guard & Reserve Medal. e. Certificate of Recognition for the Cold War. f. After service medical records from 30 June 1986 to 9 July 1988. Compilation of medical records from Dwyer Community Hospital and Medical Center which shows he was admitted on 30 June 1986 for laceration in right forearm. The applicant stated that he had a hernia repair on the right in the past. He said he had a recurrent hernia now and also bronchopneumonia for which he was hospitalized for 29 days in the service. He highlights that this incident happened 31 years ago and to this day at 82 years old he can say exactly what and how it happened. He also knows what happened in the military his high or important things. On 9 July 1988, he went to the hospital again for shortness of breath and wheezing. He had a severe asthmatic episode. He states prior to this he missed going to work and he lost job after job he did not know he had asthma until he was hospitalized. i. His DA Form 24, which shows chronological record of military service he highlights that is all messed up. He enlisted on 27 February, 1957, and entered Finance School on 13 August 1957 that makes 5 months or 165 days or 23 weeks. That is enough time to have spent 8 weeks in basic training 2 times and 4 weeks in the hospital, 2 weeks on leave and 1 week travel time to Fort Benjamin Harrison, IN. The record does not show leave time between Fort Chaffee and Fort Benjamin Harrison, IN. He includes an article about “Roots of Jihad.” He says U.S. troops went to Lebanon in 1958. However he was denied his desire to go, because he had put in for two 30-day leave to fly home and get married (see detailed article in packet). j. His Finance School graduation program for Class number 4 for the period of 13 August 1957 to 8 October 1957. 4. A review of the applicant’s service records shows: a. He enlisted in the Regular Army on 27 February 1957 for a period of 3 years. He held the military occupational specialty 732 (Disbursing Specialist). b. He served in Germany at the Finance Disbursing Section(FDS) from 15 November 1957 to 11 February 1960. c. His DA Form 24, section 9- (Medals Decorations, and Citations) only reflects a Sharpshooter Marksmanship Qualification Badge (Carbine). d. The available record contains no derogatory information. The available record does not show he received “excellent” conduct and efficiency ratings throughout his military service. He received “Fair,” “Unknown,” and “Good” conduct and efficiency ratings. e. His SF 600, shows he was seen from 6 September 1957 until 29 September 1959. He was treated for several conditions, such as nervousness, unable to study, difficulty with hands not able to write in class due to tremors of hands, pain in the back of eyes; he had to be recycled for training (see detailed health record in packet). f. On 23 February 1960, he was transferred to the U.S. Army Reserve (USAR) Corps Reserve with an honorable characterization of service. He completed 2 years, 11 months, and 27 days of total active service. It also shows he was authorized or awarded the Sharpshooter Marksmanship Qualification Badge (Carbine). 5. By regulation (AR 600-8-22), the Cold War Victory Medal is an unofficial medal of the United States for persons who served in their positions honorably during the years of the Cold War, specifically 2 September 1945 to 26 December 1991. It can be purchased through private dealers; however, it is not authorized for wear in uniform by any member of the U.S. military or civilian employees of the federal government. It is also not authorized to be added to the DD Form 214. 6. Army Regulation 600-65 (Service Medals), 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 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as “excellent” or higher, except that ratings of “unknown” for portions of the period under consideration, and service school efficiency ratings of less than “excellent” entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was authorized the Sharpshooter Marksmanship Qualification badge; the badge is shown on his separation document. The Cold War recognition he requests is provided by U.S. Army Human Resources Command, and is not reflected on the separation document. The Board agreed there is insufficient evidence that shows he is authorized additional decorations. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-65 (Service Medals), 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 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as “excellent” or higher, except that ratings of “unknown” for portions of the period under consideration, and service school efficiency ratings of less than “excellent” entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by 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. //NOTHING FOLLOWS//