IN THE CASE OF: BOARD DATE: 28 September 2020 DOCKET NUMBER: AR20190015689 APPLICANT REQUESTS: a. correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: (1) all authorized awards, decorations, and weapons qualifications to include the following – * Armed Forces Expeditionary Medal (Berlin) * Humanitarian Service Medal * Armed Forces Reserve Medal * National Guard Service Medal b. service credit for all units to which he was assigned. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 1 November 2019 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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: a. His DD Form 214 shows his service from his first enlistment. b. Since his first enlistment he was assigned to: * 3rd Battalion, 156th Infantry Regiment from 1964 to 1969 * 372nd Finance Disbursing Section in 1970 * 645th Quartermaster Company (Service) until 1971 * 221st Army Garrison Detachment (Replacement) until 1979 * 3rd Battalion, 156th Infantry Regiment, 256th Infantry Brigade in the Louisiana National Guard until 1985 * District of Columbia Special Operations, 5th U.S. Army, for 10 years * 4th Engineer Battalion, 4th Infantry Division (STRAC) (Strategic Air Corps) through the Berlin Crisis c. The 377th Theater Army Area Command became his records keeper. d. He was not awarded the Armed Forces Expeditionary Medal for the Berlin crisis. e. He was awarded the Humanitarian Service Medal for Hurricane Andrew, the Armed Forces Reserve Medal, and the National Guard Service Medal. f. He retired in 1999 and he never received an updated DD Form 214 even though he received his retirement letter. g. He has to prove some things that are in his records but he does not have any data. The State of Louisiana grants a free lifetime concealed carry permit but he needs his last weapons qualifications. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 for the period ending 1 March 1962. His DD Form 214 will be administratively corrected without Board action to show award of the following: * Army Good Conduct Medal * National Defense Service Medal * Sharpshooter, Marksmanship Qualification Badge with Rifle Bar (.30 caliber) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (.30 caliber) 4. The Board will consider his requests for authorizing a new DD Form 214 for his service completed after his discharge from active duty and his subsequent awards. 5. On 2 December 1958, the applicant enlisted in the Regular Army. 6. His DA Form 24 (Service Record) shows in part, in: a. Section 4 (Chronological Record of Military Service) – his units of assignment and dates as: * U.S. Army Recruiting Station, For Chaffee, AR, 2 December 1958 to 5 December 1958 * Company A, 2d Battalion, Basic Training Command, Fort Chaffee, AR, 6 December 1958 to 19 February 1959 * Company C, 2nd Battalion, 1st Training Regiment (Engineer), U.S. Army Training Command, Fort Leonard Wood, MO, 22 February 1959 to 16 April 1959 * Company C, 2nd Battalion, 4th Training Regiment, Fort Leonard Wood, MO, 17 April 1959 to 18 June 1959 * Company A, 4th Engineer Battalion (Infantry Division), Fort Lewis, 13 July 1959 to 1 March 1962 * released from Active Duty, 1 March 1962 b. Section 9 (Medals, Decorations, and Citations) – he was awarded or authorized: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (.30 caliber) * Marksman Marksmanship Qualification Badge with Rifle Bar * Second Class Gunner (Marksman) Marksmanship Qualification Badge with Machine Gun Bar 7. On 1 March 1962, he was honorably released from active duty by reason of expiration of term of service. His DD Form 214 shows, in part, in: a. item 11a (Type of Transfer or Discharge) – Transferred to the U.S. Army Reserve with a Reserve obligation date listed as 1 December 1964; b. item 24 (Statement of Service) – (1) item 24a(1) (Net Service This Period) – 3 years and 3 months; (3) item 24c (Foreign Service) – None. c. item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – None. 8. His DA Form 20 (Enlisted Qualification Record) shows, in part, in: a. item 29 (Qualification in Arms) – * Expert Marksmanship Qualification Badge with Rifle Bar (M-1) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) b. item 41 (Awards and Decorations) – * Expert Marksmanship Qualification Badge with Rifle Bar (M-1), 20 September 1966, Headquarters, Lake Charles, LA * Army Good Conduct Medal, February 1962, Fort Lewis, WA * National Defense Service Medal, February 1962, Fort Lewis, WA 9. On 26 February 1964, the applicant enlisted in the Army National Guard of the United States, State of Louisiana, for a period of 3 years. 10. On 25 February 1967, he was honorably discharged from the Army National Guard of the United States, State of Louisiana. His National Guard Bureau (NGB) Form 22 for this period shows in: a. item 23 (Military Qualification and Date) – Expert Marksmanship Qualification Badge with Rifle Bar (M-1), 16 April 1966; b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Expert Marksmanship Qualification Badge with Rifle Bar (M-1); c. item 25 (Prior Service) – * Army of the United States, 2 December 1958 to 1 March 1962 * U.S. Army Reserve, 2 March 1962 to 25 February 1964 11. On 10 November 1967, he reenlisted in the Army National Guard of the United States, State of Louisiana, for a period of 1 year. 12. On 9 November 1968, he was honorably discharged from the Army National Guard of the State of Louisiana. His NGB Form 22 for this period shows in: a. item 23 (Military Qualification and Date) – Expert Marksmanship Qualification Badge with Rifle Bar (M-1), 16 April 1966; b. item 24 – "None;" c. item 25 – he completed prior service in the: * Army of the United States, 2 December 1958 to 1 March 1962 * U.S. Army Reserve, 2 March 1962 to 25 February 1964 * National Guard of the United States, 26 February 1964 to 25 February 1967 13. On 16 February 1969, he enlisted in the U.S. Army Reserve for a period of 1 year. 14. Headquarters, Fourth United States Army, Fort Sam Houston, Letter Orders Number 5-1810, dated 12 May 1970, relieved him from 372d Finance Section (Disbursing) and honorably discharged him from the U.S. Army Reserve by reason of expiration of term of obligated service. 15. On 1 June 1970, he enlisted in the U.S. Army Reserved and he had multiple subsequent reenlistments. 16. On 31 December 1978, he was honorably discharged from the U.S. Army Reserve. Orders showing his honorable discharge on 31 December 1978 are not available for review. 17. On 1 January 1979, he enlisted in the U.S. Army National Guard, State of Louisiana, for a period of 3 years. Item 9 (Previous Military Service) of his DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows he completed: * 3 years, 3 months, and 28 days of total active military service * 16 years and 9 months of total inactive military service 18. Headquarters, 256th Infantry Brigade (Mechanized), Louisiana Army National Guard, Permanent Orders 2-1, dated 18 March 1980, awarded him the Louisiana Commendation Medal for the period 1 January 1979 to 30 January 1979 for meritorious service. 19. His AGUZ Form 2496 (Statement of Service), dated 29 December 1981, shows in part, he was discharged from the U.S. Army Reserve on 29 May 1977 for immediate reenlistment in the U.S. Army Reserve on 30 May 1977. 20. On 31 December 1981, he extended his enlistment in the U.S. Army National Guard, State of Louisiana, for a period of three years. His new expiration of term of service was listed as 31 December 1984. 21. His DA Form 2-1 (Personnel Qualification Record – Part II) for the period ending 15 November 1982 shows, in part, in: a. item 9 (Awards, Decorations, and Campaigns) – * Army Reserve Components Achievement Medal with one Oak Leaf Cluster * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) b. item 27 (Remarks) – his state awards: * Louisiana Commendation Medal, 6 March 1979 * Louisiana Emergency Medal, 6 March 1979 * Louisiana Commendation Medal, 18 March 1980 c. item 35 (Record of Assignments) – in part, his assignments and dates: * 221st Army Garrison Detachment (Replacement), Lake Charles, 1 January 1975 to 31 December 1978 * Company A, 3d Battalion, 156th Infantry (Mechanized), Leesville, LA, 1 January 1979 to 23 September 1979 * Detachment 1, Combat Support Company, 3d Battalion, 156th Infantry Regiment, 24 September 1979 to 28 February 1981 * Headquarters and Headquarters Company, 256th Infantry Brigade (Mechanized), Lafayette, LA, 1 March 1981 to 15 November 1982 22. On 15 November 1982, he was honorably discharged from the U.S. Army National Guard, State of Louisiana. His NGB Form 22 for this period shows in: a. item 11a (Net Service This Period) – 3 years, 10 months, and 15 days; b. item 11b (Prior Service) – 20 years; c. item 11d (Total Service for Pay) – 23 years, 11 months, and 15 days; and d. item 16 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded this Period) – "None." 23. Headquarters, Louisiana Army and Air National Guard, Office of the Adjutant General, New Orleans, Orders 219-10, dated 16 November 1982, honorably discharged him from the Army National Guard and assigned him to U.S. Army Reserve Control Group (Inactive Ready Reserve) effective 15 November 1982. 24. U.S. Army Reserve Personnel Center, St Louis, MO, Orders D-12-061797, dated 27 December 1984, honorably discharged him from the U.S. Army Reserve (Ready Reserve), effective 31 December 1984. 25. On 4 September 1985, he enlisted in the U.S. Army National Guard and as a Reserve of the U.S. Army. 26. On 14 July 1988, he extended his enlistment in the Army National Guard and as a Reserve of the Army for a period of 3 years and his new expiration of term of service of was changed to 3 September 1988. 27. Headquarters, Fifth United States Army and Fort Sam Houston, Fort Sam Houston, Permanent Orders 63-1, dated 6 July 1989, awarded him the Meritorious Service Medal for outstanding meritorious service for the period 9 September 1985 to 8 September 1989. 28. On 2 August 1991, he reenlisted in the Army Reserve for a period of 6 years. 29. U.S. Army Reserve Command, Fort McPherson, GA, Orders 239-052, dated 17 September 1992, released him from 377th Theater Army Area Command, New Orleans, LA, and assigned him to the State Military Support Office, Louisiana, effective 1 October 1992 for an indefinite period. 30. Headquarters, Fifth United States Army and Fort Sam Houston memorandum, dated 21 April 1993, subject: Approved Humanitarian Service Medal, awarded him the Humanitarian Service Medal for his service during Hurricane Andrew. 31. A memorandum from the Detachment Commander, Louisiana Army National Guard, dated 20 August 1993, subject: Award of the Louisiana Emergency Service Ribbon, awarded him the Louisiana Emergency Service Ribbon (First Award) for his service during Hurricane Andrew for the period 25 August 1992 through 30 August 1992 and on various days in accordance with Louisiana Army National Guard Regulation 672-1. 32. On 15 November 1994, he received his Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter). 33. Headquarters, U.S. Army Reserve Command, Orders 96-030-016, dated 30 January 1996, reassigned him to Headquarters, 89th Regional Support Command, Wichita, KS, effective 1 January 1996. 34. Headquarters, U.S. Army Reserve Command, Atlanta, GA, Orders 96-030-042, dated 5 February 1996, amended Orders 96-030-016, same Headquarters, dated 30 January 1996, and reassigned him Headquarters, 90th Regional Support Command, effective 1 January 1996. 35. Headquarters, U.S. Army 90th Regional Support Command, Orders 144-014, dated 23 May 1996, attached him to 1190th U.S. Army Deployment Support Brigade, Baton Rouge, LA, effective 1 May 1996. 36. His DA Form 2-1, dated 7 November 1995, shows in item 9 – he was awarded or authorized the following: * Army Service Ribbon * National Defense Service Medal with one bronze service star * Army Good Conduct Medal * Army Reserve Components Achievement Medal (3rd Award) * Meritorious Service Medal * Armed Forces Reserve Medal * Noncommissioned Officer Professional Development Ribbon (3rd Award) * Humanitarian Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 37. Headquarters, U.S. Army 90th Regional Support Command, Orders 263-010, dated 19 September 1996, relieved him from 1190th U.S. Army Deployment Support Brigade, Baton Rouge, LA, and assigned him to the Retired Reserve, effective 9 September 1996. 38. His records are void of any evidence he was issued a DD Form 214 after 1 March 1962 or he served a qualifying period of active duty for issuance of a DD Form 214 after 1 March 1962. 39. A review of his records shows he was awarded the following decorations after his release from active duty on 1 March 1962: * Humanitarian Service Medal * Armed Forces Reserve Medal * National Guard Service Medal 40. His records are void of any evidence he was awarded the Armed Forces Expeditionary Medal. DISCUSSION The Board carefully considered the applicant’s request for all authorized awards, decorations and weapons qualifications and service credit for all units to which he was assigned. After reviewing the application and all supporting evidence, in addition to the Administrative Notes found by the Analyst of Record (below the signature), the Board found sufficient evidence to grant partial relief. 1. The Board agreed with the analyst of record to grant the applicant the awards listed in Administrative Notes. 2. However, the Board found insufficient evidence to grant that portion of the applicant’s request pertaining to * Armed Forces Expeditionary Medal (Berlin) * Humanitarian Service Medal * Armed Forces Reserve Medal * National Guard Service Medal * Service credit for all units to which he was assigned. a. Per regulation, the DD Form 214 is a summary of a specific period of active duty service. There are no provisions allowing for the addition of achievements accomplished subsequent to the period covered by a DD Form 214. b. The applicant’s DD Form 214 covered the active service period of 2 December 1958 to 1 March 1962. The applicant was awarded the above-listed awards subsequent to the term of service covered by his DD Form 214, effective 1 March 1962. c. According to the applicant’s DA Form 20 and the applicant’s assignment orders, the applicant’s DD Form 214, effective 1 March 1962, shows the correct years of service for the time period covered. Subsequent to 1 March 1962, because the applicant served in the Army National Guard subsequent to active duty, the applicant’s service credit for all units would be captured on his NGB-22. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the Administrative Notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, 1. The Board recommends granting the corrections noted by the Analyst of Record in Administrative Notes. 2. The Board recommends denying that portion of the applicant’s request pertaining to amending the DD Form 214, effective 1 March 1962, by adding: * Armed Forces Expeditionary Medal (Berlin) * Humanitarian Service Medal * Armed Forces Reserve Medal * National Guard Service Medal * Service credit for all units to which he was assigned. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214 for the period ending 1 March 1962: * Army Good Conduct Medal * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (.30 caliber) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (.30 caliber) REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Armed Forces Expeditionary Medal may be awarded to service members of the Armed Forces of the United States who, after 1 July 1958 participate, or have participated, as members of the U.S. military units in a U.S. military operation in which service members of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers. Encounter during such participation foreign-armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. a. The Armed Forces Expeditionary Medal may be authorized for the following three categories of operations: (1) U.S. military operations. (2) U.S. operations in direct support of the United Nations. (3) U.S. operations of assistance for friendly foreign nations. b. Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or and meets one or more of the following criteria: (1) Be engaged in actual combat, or duty, which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area. (2) Is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time. (3) Accumulates required days service (consecutive or nonconsecutive) while participating as a regularly assigned air crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation. One day’s service is credited for the first sortie flown on any day. Additional sorties flown on the same day receive no further credit. b. The Armed Forces Expeditionary Medal will be awarded only for operations for which no other U.S. campaign medal is approved. However, this does not prevent award eligibility for subsequent ongoing operations if the associated campaign medal has been terminated. No individual will be eligible for both the Armed Forces Expeditionary Medal and a campaign medal awarded during a single tour in the designated operation. For operations in which personnel of only one military Service participate, the medal will be awarded only if there is no other suitable award available to that Service. The military service of the service member on whom qualification for the award of the Armed Forces Expeditionary Medal is based will have been honorable. c. The Armed Forces Expeditionary Medal is authorized for U.S. military operations in Berlin from 14 August 1961 to 1 June 1963. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. It stipulated that the DD Form 214 is a summary of a specific period of active duty service. There are no provisions allowing for the addition of achievements accomplished subsequent to the period covered by a DD Form 214. The version of the regulation in effect at the time of the applicant's release from active duty stipulated that all available records would be used as a basis for preparation of the DD Form 214, including the DA Form 24 (Service Record), the DA Form 20 (Enlisted Qualification Record), and orders. Instructions stated for: a. item 24b, to enter total active service the individual completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the Army National Guard of the United States or U.S. Army Reserve not on active duty, and less time lost under Title 10, United States Code, Section 972 and b. item 26, to enter from section 9, DA Form 20, decorations, etc., awarded or authorized during period covered by the DD Form 214, omitting authorities cited therein. 4. Army Regulation 640-2-1 (Personnel Qualification Record) and Army Regulation 600-8-104 (Individual Personnel Military Records) governs provisions for updating the amendment of the DA Form 2-1 (Personnel Qualification Record – Part II). There are no provisions for updating a Soldier’s DA Form 2-1 after discharge. Instructions stated the DA Form 2-series and DA Form 2-1 were transfer documents that would be forwarded with the military personnel record to the National Personnel Records Center or other records repository upon the Soldier’s discharge in accordance with Army Regulation 640-10 (Individual Personnel Military Records). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015689 11 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1