IN THE CASE OF: 

		BOARD DATE: 17 January 2024

		DOCKET NUMBER: AR20230006577


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 (AGCM)
*	promotion to specialist four (SP4/E4)

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149, Application for Correction of Military Record
*	General Orders Number 3, 23 January 1961
*	National Personnel Records Center letter, 1 February 2023


FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
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’s record contains, and the applicant provided, general orders awarding 
him the AGCM. This issue will be addressed through administrative correction without 
action by the Board.

3.  The applicant states, in effect, he should have been promoted to SP4/E-4.

4.  Several awards, to include the Army Good Conduct Medal were missing from the 
applicant's DD Form 214. These awards will be corrected through an administrative 
correction without action by the Board.

5.  The applicant was inducted into the Army of the United States on 10 March 1959.

6.  A DA Form 24, Service Record, covering the period from 10 March 1959 to 
16 February 1961 is filed in the record. This form shows in Section 1, Appointments, 
Promotions, or Reductions:

*	he was appointed to the permanent rank and pay grade of private/E-2, with an 
effective date of rank of 10 July 1959
*	he was appointed to the temporary rank and pay grade of private first class/PFC, 
with an effective date of rank of 12 November 1959
*	he served in Korea from 28 January 1960 to 1 February 1961

7.  The record is void, and the applicant did not provide, evidence to show he was 
eligible for advancement to SP4/E-4.

8.  General Orders Number 3, 7th ID Artillery, 23 January 1961, awarded him the Army 
Good Conduct Medal.

9.  The applicant was released from active duty (REFRAD) and transferred to the U.S. 
Army Control Group (Annual Training) on 16 February 1961. His DD Form 214 shows 
in:

*	Item 3a, Grade, Rate or Rank – PFC E3 (T)
*	Item 3b, Date of Rank – 12 November 1959
*	Item 32, Remarks – “Item 3a: PVT E2 (P) Aptd: 10 Jul 59”
*	He was awarded or authorized the Sharpshooter Marksmanship Qualification 
Badge with Rifle Bar

10.  His record contains a second DA Form 24, for the period 10 March 1959  
(16 February 1961) with no end date listed. This form covers the applicant’s Enlisted 
Reserve service and shows in Section 1, he received a permanent appointment to 
PFC/E-3 on 16 February 1961 (date of his REFRAD), with an effective date of rank of 
12 November 1959.

10.  By regulation in effect at the time, permanent appointments were the authority of 
the commander. Advancements to permanent grades did not require official orders.

11.  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.


?
BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation.  Upon review of the applicant’s petition, available military records, the 
Board determined his record is absent evidence that shows he was eligible for 
advancement to SP4/E-4. The Board agreed the request for relief has no merit as the 
available evidence does not support the applicant was ever selected for advancement 
to the rank of specialist.  This board is not an investigative body.  The Board determined 
despite the absence of the applicant’s promotion records, they agreed the burden of 
proof rest on the applicant, however, he did not provide any supporting documentation 
and his service record has insufficient evidence to support the applicant contentions for 
promotion to specialist four (SP4/E4). Therefore, the Board denied relief. 

2.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction be completed to more accurately depict 
the military service of the applicant.


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.


	 
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 is authorized additional awards not 
annotated on his DD Form 214 for the period ending 16 February 1961.  As a result, 
amend his DD Form 214 by adding:

*	Army Good Conduct Medal
*	National Defense Service Medal
*	Korea Defense Service Medal


REFERENCES:

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 of Correction of Military 
Records 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 (AR) 624-200, Promotions, Demotions, and Reductions-
Appointment and Reduction of Enlisted Personnel, in effect at the time, stated,

	a.  For the appointment to grades in pay grades E-3 and E-4, company, troop, 
battery, or separate detachment commanders had the authority to make appointments.

	b.  Temporary appointment of enlisted personnel to all grades above E-3 and 
permanent appointment to E-3 and above will be announced in orders issued by the 
appointing authority.

3.  AR 600-8-22, Military Awards, states: 

	a.  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.  Second and subsequent awards of the National Defense Service Medal 
are denoted by a bronze service star affixed to the National Defense Service Medal.

   b.  The Korea Defense Service Medal is authorized for award to members of the 
Armed Forces of the United States who have served on active duty in support of the 
defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be 
determined by the Secretary of Defense.

4.  AR 15-185, Army Board for Correction of Military Records, prescribes the policies 
and procedures for correction of military records by the Secretary of the Army acting 
through the ABCMR. The ABCMR begins its consideration of each case with the 
presumption of administrative regularity. The ABCMR will decide cases on the evidence 
of record. It is not an investigative body. The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230006577


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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