ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 October 2019 DOCKET NUMBER: AR20180000154 APPLICANT REQUESTS: • item 8 (U.S. Citizen) of his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge) corrected to show he is a United States Citizen • His full service time added to his DD Form 214 • All decorations, medals commendations and citations added to his DD Form 214 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Birth Certificate • Certificate of Military Service • DD 214 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, he served in the United States Army for 4 years, 8 months, and 28 days of total service and his first enlistment started on March 1954 which is shown on this present DD 214, for 10 months and 19 days. During his military service he was awarded several commendations from the U.S. Army and also a Good Conduct Ribbon. He served overseas for 1 year and 9 days in Camp Wood Japan with 508th Airborne, 1st Airborne Battle Group, 327th Infantry. He was awarded a commendation from 101st Airborne Division for outstanding Gun Battery for 4.2 mortars signed by President . He was also awarded a letter of commendation signed by for service during the Little Rock Central High problem during September 1957. Please research all medals and awards do to him for his military service. He feels due to the fire at the National Personnel Records Center in St. Louis which he was told that his records were destroyed, the United States Army still should be able to reconstruct his military service so he can get these records. 3. The applicant provided: • Birth Certificate from the Department of Health and Environmental Control dated 3 March 1997, • Certificate of Military Service showing , from 12 March 1954 to 31 January 1955 4. A review of the service record shows: a. The applicant’s complete service record is unavailable for review. However His DD Form 214 shows that he entered active duty on 1 February 1955. He was discharged with an honorable character of service. He completed 3 years, 10 months, and 9 days of active service. Block 12f (Foreign Service) shows 1 years 0 months and 9 days of Foreign Service. It also shows he was awarded or authorized a Parachutist Badge and a National Defense Service Medal. No additional awards were available for review. b. On 10 December 1958, he was transferred to the 2nd United States Army Corps (Reserve) Camp Kilmer, New Jersey. 5. By regulation (AR 635-8 (Separation Processing and Documents)), item 12f (Foreign Service) of the DD Form 214 lists all foreign service performed outside continental United States. Only when active duty Soldiers are deployed with their unit during their continuous period of active service. 6. Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear- cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 7. By regulation 15-185 (Army Board for Correction of Military Records) prescribes policies and procedures for correction of military records by the Secretary of the Army acting through the ABMCR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 8. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. Acts or services which do not meet the criteria for decorations or the various authorized certificates may be recognized by written or oral expressions of commendation or appreciation. A written expression of commendation or appreciation will be typed on letterhead stationery and will not contain formalized printing, seals, or other distinguishing features which depart from normal letter form. Such letters may be issued to military personnel. Copies of each letter of commendation or appreciation will be distributed to the individual’s Army Military Human Resource Record/Official Military Personnel File (AMHRR/OMPF) per AR 600–8–104. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was born in the U.S.; however, his DD Form 214 shows “No” is marked in item 8 (U.S. Citizen). The applicant provided a Certificate of Military Service indicating a separation document for that period of service is not available. The certificate shows he enlisted on 12 March 1954 and was discharged for immediate reenlistment on 31 January 1955. His DD Form 214 shows that period of service (10 months and 19 days) in addition to his period of service ending 9 December 1958, for a net service total of 4 years, 8 months, and 28 days. The Board agreed there was no error reflecting his net service. The Board also agreed there is no evidence of the commendations he states he was presented; however, the Board determined he should be awarded the Army Good Conduct Medal for his first 3-years of continuous honorable service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X :X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant arecommendation 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 exemplary service from 12 March 1954 through 11 March 1957, and amending his DD Form 214 for the period ending 9 December 1958 by: a. item 8 – changing the entry to show “Yes”; and b. item 26 – adding the Army Good Conduct Medal (1st Award) 2. The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his net service and adding additional awards. 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. By regulation (AR 635-8 (Separation Processing and Documents)), item 12f (Foreign Service) of the DD Form 214 lists all foreign service performed outside continental United States. Only when active duty Soldiers are deployed with their unit during their continuous period of active service. 3. Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear- cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 4. By regulation 15-185 (Army Board for Correction of Military Records) prescribes policies and procedures for correction of military records by the Secretary of the Army acting through the ABMCR. The ABMCR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 5. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000154 ABCMR Record of Proceedings (cont) AR20180000154 1 3 1