RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 November 2007
	DOCKET NUMBER:  AR20070011591 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry C. Bergquist

Member

Mr. Dale E. DeBruler

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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:

	a.  Item 3a (Grade, Rate or Rank) to show sergeant (SGT)/pay grade E-5 instead of specialist five (SP5)/pay grade E-5 (T).

	b.  Item 25a (Specialty Number and Title) to show 11B2P (Light Weapons Infantryman-Airborne) instead of 71M2P (Chaplains Assistant-Airborne).  

	c.  Item 25b (Related Civilian Occupation and D.O.T. Number) to show a either Office Administrator or Program Supervisor instead of Clerk Typist.

	d.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show in addition to what is listed, award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), Flamethrower Badge, Certificate of Achievement, Letter of Commendation, Soldier of the Month Award, and the Cold War Victory Commemorative Certificate.

	e.  Item 28 (Other Service Training Courses Successfully Completed) to add the Leadership Preparation Course, the Advanced Infantry Training Course, the Basic Vietnamese Language Course, and the Flamethrower Course.

	f.  Item 31a (VA Benefits Previously Applied For) from “No” to “Yes.”

2.  The applicant states, in effect, that he did not know there was a time limitation to correct military records; was not advised to identify military related illness or injuries that could adversely affect his future health; the U.S. Army is responsible for correcting errors to show an accurate military record; and that his main concern upon separation was to take care of his family, job, and college.

3.  The applicant provided the following additional documentary evidence in support of his application: 

	a.  Copy of his DD Form 214, dated 12 August 1966.

	b.  Photograph of the applicant receiving a trophy from a General Officer.

	c.  Letter of Commendation, dated 4 August 1966.
	d.  Letter of Appreciation, dated 5 August 1966. 

	e.  Certificate of Achievement (undated).

	f.  Certificate of Training, Leader Preparation Course (undated).

	g.  DA Form 1577 (Authorization for Issue of Awards), dated 28 March 2003.

	h.  Photograph of the applicant on crutches (undated).

	i.  Self-authored letter, dated 2 July 2007.

	j.  Self-authored letter, dated 9 August 2007.

	k.  Electronic Mail (email), dated 14 July 2007, from the applicant to an unknown recipient concerning Agent Orange. 

CONSIDERATION OF EVIDENCE:

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 for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the Regular Army on 13 August 1963 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His records further show that he completed airborne training on 14 February 1964.  He was honorably discharged and transferred to the U.S. Army Reserve Control Group on 12 August 1966.

3.  The applicant’s records further show that he served in Okinawa, Japan, United State Army Pacific Command (USARPAC), during the period 2 March 1964 through 5 September 1965.  He was assigned as an Automatic Rifleman to Company C, 2nd Battalion, 503rd Parachute Infantry Regiment from 21 March 1964 to 5 February 1965 and as a Chaplains Assistant to Headquarters and Headquarters Company, 1st Special Forces Group (Airborne) from 6 February 1965 to 5 September 1965.  

4.  Item 26 of the applicant’s DD Form 214 shows that the applicant was awarded the National Defense Service Medal, the Good Conduct Medal, the Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 

5.  Headquarters, Fort Polk, Louisiana, Special Orders Number 304, dated 12 December 1963, show that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) on 5 December 1963.

6.  Headquarters, 173rd Airborne Brigade (Separate), Special Orders Number 128, dated 8 June 1964, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) during the period 11 May 1964 to 13 May 1964.

7.  Headquarters, 173rd Airborne Brigade (Separate), Special Orders Number 276, dated 16 December 1964, show that the applicant was awarded the Expert Marksmanship Qualification Badge with Flamethrower Bar (M2A1) on 1 December 1964.

8.  Headquarters, 101st Airborne Division and Fort Campbell, Fort Campbell, Kentucky, Special Orders Number 301, dated 7 December 1965, withdrew the applicant’s primary MOS (PMOS) 11B1P and awarded him primary MOS 72M2P and secondary MOS (SMOS) 11B1P in accordance with paragraph 2-32d(4) of Army Regulation 600-200 (Enlisted Personnel Management System), effective 7 December 1965.

9.  The applicant’s records show that he was promoted to private/pay grade E-2 (Permanent) on 13 December 1963; private first class (PFC)/pay grade E-3 (Permanent) on 7 May 1964; and specialist four/pay grade E-4 (Temporary) on 7 December 1965 (Temporary and Permanent).  

10.  Headquarters, 101st Airborne Division, Fort Campbell and Fort Campbell, Kentucky, Special Orders Number 87, dated 11 April 1966, as amended by Headquarters, 101st Airborne Division and Fort Campbell, Fort Campbell, Kentucky, Special Orders Number 91, dated 15 April 1965, announced the applicant’s appointment to the Temporary grade of SP5/pay grade E-5 effective 11 April 1966 in PMOS 71M2P and in accordance with paragraph 7-13 of Army Regulation 600-200.

11.  In a self-authored letter, dated 2 July 2007, the applicant restates his request for correction of his military records.  He gives a brief background of his military training, assignments, and qualifications and states that the Army should be able to verify his information by referring to his records.

12.  In an email to an unknown recipient, dated 14 July 2007 and submitted by the applicant, an attached article discusses the possibility of U.S. Forces using Agent Orange in Okinawa and how a U.S. Court ruled in favor of a former Soldier who argued that there was credible evidence that he was exposed to Agent Orange while in Okinawa.  The article goes on to describe how several former Soldiers lodged medical claims with the Department of Veterans Affairs (DVA) citing Agent Orange exposure and how the DVA denied their claims.

13.  In a self-authored letter, dated 9 August 2007, the applicant elaborates and cross-references by item number to each entry on the DD Form 149 (Application for Correction of Military Records).  He keys on the fact that during his service in Okinawa, he underwent two minor field operations to his right small toe and his left knee, caused by injuries during jungle warfare training and parachute jumps in adverse weather conditions.  He adds that he fractured his right ankle and was also admitted as an in-patient for severe vomiting and diarrhea.  He has also experienced recurring cramps in the upper inside of his legs and in his hands since separating from the Army.  He was told by a medical specialist to have his Calcium level checked since the cramping could be a problem with his Thyroid. He suspects that the problem could also be directly tied to Agent Orange.  He concludes that since 1987, he had undergone three separate lower back surgeries, possibly related to his 21 parachute jumps with heavy combat equipment and continues to experience recurring lower back pain, numbing in his upper right leg, swelling, and enlarged veins in his right leg from his ankle to his groin. 

14.  The applicant submitted an undated photograph showing he was presented a trophy by the Assistant Commanding General of the 101st Airborne Division, for being the 101st Airborne Division Soldier of the Month for March 1966. 

15.  The applicant submitted a letter of commendation presented by the101st Airborne Division Chaplain; a letter of appreciation presented by his company commander; and a certificate of achievement presented by the Commanding General, U.S. Army Ryukyu Islands.

16.  The applicant submitted an undated Department of the Army Certificate of Training showing he successfully completed a two-week Leadership Preparation Course at Fort Polk Noncommissioned Officer Academy. 

17.  The applicant submitted a DA Form 1577, dated 28 March 2002, showing he was authorized to be issued the National Defense Service Medal, the Good Conduct Medal, the Parachutist Badge, the Expert Badge with Rifle Bar, the Sharpshooter Badge with Machinegun Bar, and the Flamethrower Badge.

18.  The applicant submitted an undated photograph of himself on crutches.  His right foot is shown in a cast. 

19.  Army Regulation 635-5 (Separation Documents) governs the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  In the version used at the time:

	a.  Item 3a:  Enter grade in which serving at the time of separation, indicating whether permanent or temporary.  Pay grade will also be shown.

	b.  Items 25a and 25b:  Enter primary MOS code number and title in Item 25a.  If the specialty represented by the MOS has a related civilian occupation, enter the appropriate job title and code number from the dictionary or occupational title in Item 25b.

	c.  Item 26:  Enter decorations, service medals, campaign credits, and badges awarded or authorized during the period covered by the DD Form 214 from Section 9 of the DA Form 24 (Service Records), omitting authorities cited therein.

	d.  Item 28:  Enter service schools, including dates and major courses which were successfully completed.  This entry also includes military sponsored courses completed in civilian schools or colleges during the period covered by the DD Form 214, when prepared.  This information is to assist Soldiers in job placement and counseling.  Do not list training courses for combat skills.

	e.  Item 31a:  Enter the type of Veterans Administration benefits applied for by the individual prior to the current tour of active service, such as compensation, pension, medical benefits, education and training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his record to show:

	a.  Grade as SGT (P).

	b.  MOS as 11B2P.

	c.  Related civilian occupation as office administrator or program supervisor.

	d.  Award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), Flamethrower Badge, the Army Commendation Medal, Certificate of Achievement, Letter of Commendation, Soldier of the Month Award, and the Cold War Victory Commemorative Certificate. 

	e.  Listing the Leadership Preparation, Advanced Infantry Training, Basic Vietnamese Language, and Flamethrower courses.

	f.  Correction of VA Benefits Previously Applied For from “No” to “Yes.”

2.  Evidence of record shows that the applicant was appointed to the Temporary grade of SP5/pay grade E-5 effective 11 April 1966 in PMOS 71M2P and in accordance with paragraph 7-13 of Army Regulation 600-200.  Evidence of record further shows that his grade is correctly reflected in Item 3a of his DD Form 214.  Therefore he is not entitled to relief.

3.  Evidence of record shows that the applicant’s 11B MOS was withdrawn and he was later awarded the primary MOS 72M2P and secondary MOS (SMOS) 11B1P in accordance with paragraph 2-32d(4) of Army Regulation 600-200 on
7 December 1965. Evidence of record further shows that PMOS 72M2P is correctly reflected in Item 25a of his DD Form 214.  Additionally, the corresponding and/or related civilian occupation associated with this MOS was “clerk typist.”  Therefore, the applicant is not entitled to relief.


4.  Evidence of record shows that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60); the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); and the Expert Marksmanship Qualification Badge with Flamethrower Bar (M2A1). Therefore, he is entitled to correction of his records to show these awards.

5.  Commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to Soldiers Certificates of Achievement and/or Appreciation, some of local design.  The citation on such certificates will not be worded so that the act of service performed appears to warrant the award of a decoration.  These certificates, however, are not annotated on the DD Form 214.  Therefore, the applicant is not entitled to correction of his records to show his Certificate of Achievement, Letter of Commendation, Soldier of the Month Award, and the Cold War Victory Commemorative Certificate.  

6.  The applicant’s Leadership Preparation Course, Advanced Infantry Training Course, and the Flamethrower Course are considered training courses for combat skills and therefore not authorized on the DD Form 214.  Additionally, there is no evidence that the applicant served in the Republic of Vietnam or completed the Basic Vietnamese Language Course.  Therefore, he is not entitled to relief.

7.  There is no evidence in the applicant’s record that he applied for any Department of Veteran Affairs (DVA) benefits such as compensation, pension, medical benefits, disability, education and training during his military service and prior to the date his DD Form 214 was prepared.  Therefore, the entry of “No” in Item 31a regarding DVA benefits applied for is correct and the applicant is not entitled to relief.

8.  The applicant’s medical concerns were noted.  However, the Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised to contact a local DVA Officer who can best advise him on his eligibility for VA benefits available to former service members. 







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__mkp___  __lcb___  __ed____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60);  the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); and the Expert Marksmanship Qualification Badge with Flamethrower  (M2A1).

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 change the applicant's grade, MOS, and civilian occupation associated with this MOS; listing his certificate of achievement, letter of commendation, Soldier of the Month Award, and the Cold War Victory Commemorative Certificate; adding his Leadership Preparation, Advanced Infantry Training, Basic Vietnamese Language, and Flamethrower Courses; or changing VA Benefits Previously Applied For Block from “No” to “Yes.”




							Margaret K. Patterson
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011591
SUFFIX

RECON

DATE BOARDED
20071115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
100.0000
3.

4.

5.

6.