RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	29 April 2008  
	DOCKET NUMBER:  AR20070018025 


	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.


	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, in effect, correction to his social security number shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests, in effect, correction to his DD Form 214, to show award of the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14), and his attendance at the Noncommissioned Officer (NCO) Academy.

2.  The applicant states, in effect, that the eighth digit of his social security number is incorrectly shown as a “3” and should be shown as an “8.”  He also states, in effect, his DD Form 214 only lists the National Defense Service Medal and the Expert Marksmanship Qualification Badge, with Rifle Bar (M-16).  He fired expert with the M-14 (1968) and he graduated from the NCO Academy in 1970.  The social security number is probably a typographical error and his DD Form 214 should accurately reflect his military service.  He recently discovered the error in his records.

3.  In support of his application the applicant provides copies of his DD Form 214, his social security card, his dog tag, and his Veteran’s Universal Access Identification Card.

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 military records show he was inducted into the Army of the United States, in pay grade E-1, on 9 May 1968.  He completed basic and advanced training and was awarded military occupational specialty 62B, Engineer Equipment Repairman.  

3.  The applicant’s records contain orders qualifying him for the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 18 June 1968.  There are no orders in his records qualifying him for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  He was issued orders on 1 August 1969 to attend the NCO Academy.

4.  The applicant was honorably discharged from active duty, in pay grade E-4, on 27 March 1970 and transferred to the United States Army Reserve Control Group (Annual Training).  His DD Form 214, Item 24 (Decorations, Medal, Badges, Commendations, and Campaign Ribbons Awarded or Authorized), lists the following awards:  the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Good Conduct Medal.  Item 25 (Education and Training Completed) is annotated with the word, “NONE.”

5.  The applicant’s DA Form 20 (Enlisted Qualification Record), Item 1 (Name and Service Number) lists the same social security number as shown on his social security card.  This number was used throughout his entire record and throughout his service.  Item 27 (Military Education) shows the applicant attended the NCO Academy for 6 weeks in 1969.  Item 41 lists the National Defense Service Medal, the Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214.  It 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.  The regulation specified that Item 25 would list education and training, including dates, which were successfully completed during the period covered by the DD Form 214 prepared.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the eighth digit of his social security number is incorrectly shown as a “3” on his DD Form 214, dated 27 November 1970.  However, all documents, to include an original DD Form 214, of the applicant's service record, show the eighth digit of his social security number as an "8" and not a "3."  Upon close review of the copy of the DD Form 214 provided by the applicant with his application, it is noted that the eighth digit of his social security number is correctly shown as an “8,” therefore, since no corrective action is required, it will not be further discussed.

2.  The evidence of record shows the applicant completed the NCO Academy in 1969.  Therefore, he is also entitled to correction to his DD Form 214, Item 25, to show he completed the NCO Academy in 1969.

3.  The evidence shows the applicant was only awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and not the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  However, it appears that due to an administrative error (M-16) was listed on his DD Form 214.  Therefore, he is entitled to administrative correction to his expert qualification badge to show (M-14) instead of (M-16).

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

____x___  ____x___  ____x___  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 correcting his DD Form 214, dated 27 March 1970, Item 25 (Education and Training Completed), to show the completion of the Noncommissioned Officer Academy in 1969, and that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and by providing him a corrected separation document listing the correct information. 




      __________x____________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070018025


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508