RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060012368 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Gerard W. Schwartz

Acting Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Ms. Linda M. Barker

Member

Mr. Michael J. Flynn

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 19 December 1967 be corrected to show award of a marksmanship qualification badge for the .45 caliber pistol.  He further requests his DD Form 214 be corrected to show he was awarded military occupational specialty (MOS) 63B20 (Light Wheel Mechanic) and that he be given a copy of his military medical records.

2.  The applicant states, in effect, that his military records are not correct.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 19 December 1967.  The application submitted in this case is dated 23 August 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted in the Army on 17 January 1966 and successfully completed basic training and advanced individual training.  He was awarded MOS 95B (Military Policeman).

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he served his entire military career in duty MOS 95B.  Item 41 (Awards and Decorations) shows that he was awarded the Marksman Marksmanship Qualification Badge (.45 Caliber Pistol).

5.  There are no orders in the applicant’s service personnel records that show he was awarded MOS 63B.  

6.  On 19 December 1967, the applicant was honorably released from active duty in the rank of Specialist Four (SP4)/E-4 after completing 1 year, 11 months, and 
3 days of creditable active service with no time lost.
7. The applicant's DD Form 214 shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge (Rifle). 

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

9.  The applicant's military medical records are available and he will be furnished a copy.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized preparation of the DD Form 214 in effect, at that time.  In the version in effect at that time, it stated for item 23a that the primary MOS code number and title would be entered.  

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded MOS 95B and that he served his entire military career in duty MOS 95B.  There are no orders in his records that show he was awarded the MOS 63B.  Therefore, his MOS 95B entered on his DD Form 214 is correct.

2.  The applicant's DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge (.45 Caliber Pistol).  Based on the foregoing, the entry on his DA Form 20 is accepted as sufficient to show he was awarded the Marksman Marksmanship Qualification Badge (.45 Caliber Pistol).  His DD Form 214 should be amended to add this award.

3.  The applicant was separated in the rank of Specialist Four with 1 year, 
11 months, and 3 days of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal, 1st Award, for the period 17 January 1966 through 19 December 1967 based on completion of a period of qualifying service. 

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 December 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
18 December 1970.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LE   __  __LMB __  __MJF __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by awarding the applicant the Army Good Conduct Medal, 1st Award, for the period 17 January 1966 through 19 December 1967; and
	
	b.  by amending his DD Form 214 to add the Army Good Conduct Medal and the Marksman Marksmanship Qualification Badge (.45 Caliber Pistol).

2.  The Board further determined that 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 showing he was awarded MOS 63B.  




_____Lester Echols____
          CHAIRPERSON



INDEX

CASE ID
AR20060012368
SUFFIX

RECON

DATE BOARDED
29 MARCH 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
100.0500.0000
2.
107.0110.0000
3.

4.

5.

6.