RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 04 March 2008
DOCKET NUMBER: AR20070014958
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
Ms. Jeanne Marie Rowan
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. William D. Powers
Member
Mr. Jerome L. Pionk
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 (Certificate of Release or Discharge from Active Duty) with a separation effective date of 31 January 1984 be corrected to show award of the Special Forces Tab.
2. The applicant states, in effect, that a request for award of the Special Forces Tab was submitted prior to his retirement and subsequently it was approved.
3. The applicant provides a copy of Permanent Orders 41-10, dated 5 March 1984, published by the U. S. Army John F. Kennedy Special Warfare Center, Fort Bragg, North Carolina.
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 applicants 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 applicants 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 he enlisted in the Regular Army on 28 October 1957. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 951.10 (Military Policemen). Records show he also was awarded MOS 71L (Administrative Specialist), 75Z (Personnel Sergeant), and 11B (Infantryman). Records show he served continuously on active duty until his retirement on 31 January 1984.
3. Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows that he completed Special Forces military training in 1967.
4. Item 5 (Oversea Service) of the applicant's DA Form 2-1 shows that he served in the Republic of Vietnam (RVN) from 14 November 1967 to 11 June 1969. Item 35 (Record of Assignments) shows that he was assigned to Detachment B-22, Company B, 5th Special Forces Group, RVN and that his principle duty was Administrative Supervisor. This same form shows that his MOS was 71L4S with the "S" additional skill identifier indicating he was Special Forces qualified.
5. On 31 January 1984, he was separated from the Regular Army and transferred to the U. S. Army Reserve Control Group (Retired). The DD Form 214 he was issued shows that he completed 26 years, 3 months, and 3 days of active federal service.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Special Forces Tab.
7. Permanent Orders 41-10, dated 5 March 1984, published by the U. S. Army John F. Kennedy Special Warfare Center headquartered at Fort Bragg awarded the applicant the Special Forces Tab. The authority cited on this permanent order is Department of the Army Message (Date Time Group) 141578Z June 1983 and Message 061300Z October 1983. The reason noted on the permanent order was he was awarded skill qualification identifier "S."
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-49 provides for award of the Special Forces (SF) Tab. That paragraph states that the SF Tab may be awared retroactively to all personnel who performed wartime service from 1942 to 1973 who served with a Special Forces unit during wartime and were either unable to or not required to attend a formal program of instruction but were awarded the skill qualification identifier "S," "3," or "5G" by competent authority.
DISCUSSION AND CONCLUSIONS:
1. Based on the evidence of record, the applicant's official military personnel record, and his assignment to a Special Forces unit in the Republic of Vietnam from 1967 to 1969, the applicant is entitled to award of the Special Forces Tab.
2. Based on the foregoing information, the applicant's DD Form 214 should be amended to show his was awarded the Special Forces Tab.
BOARD VOTE:
__JEA__ __WDP__ __JLP ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD Form 214 to show the additional entry in Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Special Forces Tab.
___James E. Anderholm _
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20080304
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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