IN THE CASE OF:	   

		BOARD DATE:	        30 October 2008

		DOCKET NUMBER:  AR20080013931 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show the Sharpshooter Marksmanship Qualification Badge with Pistol Bar; and that item 25 (Education and Training Completed) be corrected to show he completed the First U.S. Army Noncommissioned Officer (NCO) Academy Drill Corporal Course 68-1 and the First Aid Course.  He also requests, in effect, that his rank, military occupational specialty (MOS), and unit be amended on his DD Form 214. 

2.  The applicant states, in effect, that he completed the above mentioned courses, that he received the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and that on 1 March 1968 he was appointed to the temporary grade of specialist four and awarded MOS 11E20.  He also points out that the 5th Battalion, 60th Infantry (Mechanized), 9th Infantry Division was redesignated as the 1st Battalion, 16th Infantry (Mechanized), 1st Infantry Division on 21 October 1968.  

3.  The applicant provides a copy of his DD Form 214; two DD Forms 215 (Correction to DD Form 214); two U.S. Army Armor Center (USAARMC) Forms 120 (Statements of Training); orders for the Sharpshooter Marksmanship Qualification Badge with Pistol Bar; MOS orders which show he was awarded MOS 11E20 on 1 March 1968; promotion orders which show he was appointed to the temporary rank of specialist four effective 1 March 1968; and a letter, dated 31 March 1969, pertaining to the 1st Battalion (Mechanized), 16th Infantry, Historical Supplement 1968.
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 was inducted on 1 February 1967.  He served in Vietnam and was released from active duty in the temporary rank of specialist five on 
23 January 1969.

3.  Item 5a (Grade, Rate or Rank) on the applicant's DD Form 214 shows the entry, "SP5 (T)" [specialist five (temporary)].  Item 19 (Grade, Rate or Rank at Time of Entry into Current Active Svc [Service]) on his DD Form 214 shows the entry, "PVT [private] E-1 (P) [permanent]."  Item 23a (Specialty Number & Title) on his DD Form 214 shows the entry, "11E20 ARMOR CREWMAN."  Item 24 on the applicant's DD Form 214 does not show the Sharpshooter Marksmanship Qualification Badge with Pistol Bar as an authorized award.  Item 25 on his DD Form 214 shows the entry, "NONE." 

4.  Headquarters, 1st Training Brigade Special Orders Number 87, dated 9 May 1967, show the applicant received the Sharpshooter Marksmanship Qualification Badge with Pistol Bar. 

5.  Item 27 (Military Education) on the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item 28 (Specialized Training) on his DA Form 20 shows he completed 8 weeks of basic combat training on 7 April 1967.  

6.  The applicant provided a USAARMC Form 120, dated 29 July 1967, which shows he completed the 4-week First U.S. Army NCO Academy Drill Corporal Course 68-1 on 29 July 1967.  He also provided a USAARMC Form 120, dated 
2 August 1967, which shows he completed the 12 hour First Aid Course. 

7.  Orders, dated 18 September 1968, show the applicant was promoted to the temporary grade of specialist five effective 1 September 1968.
8.  A DD Form 215, dated 7 August 1972, amended item 12 (Last Duty Assignment and Major Command) on the applicant's DD Form 214 to show HHC, 1st Battalion (M), 16th Infantry, 1st Infantry Division.  This DD Form 215 also deleted the Vietnam Campaign Medal and the Vietnam Service Medal and added the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge with Auto Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar to item 24 on his DD Form 214.  

9.  A DD Form 215, dated 25 February 2008, amended item 24 on the applicant's DD Form 214 by deleting the Army Commendation Medal and adding the Army Commendation Medal with One Oak Leaf Cluster, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Device, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation on his DD Form 214.  

10.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

11.  Army Regulation 635-5, the regulation in effect at the time provided, in pertinent part, that item 25 would list service schools, including major courses that were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.  It also stated that the grade in which individual actually entered on the current tour of active duty would be entered in item 19.  If the qualification record of an enlisted member indicated that he was discharged from a previous enlistment or enlistments and immediately reenlisted without being furnished a DD Form 214, the grade held on entry into the earliest period of active service to be covered by the DD Form 214 would be entered in item 19.   

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Therefore, item 24 on his DD Form 214 should be corrected to show this badge.   

2.  Evidence of record shows the applicant completed 8 weeks of basic combat training on 7 April 1967 and he completed the 4-week First U.S. Army NCO Drill Corporal Course 68-1 on 29 July 1967.  Therefore, item 25 on his DD Form 214 should be corrected to show these courses.

3.  Since the 12-hour First Aid course is not a service school or a military sponsored course completed in a civilian school or college, there is no basis for granting the applicant's request to show this course in item 25 on his DD Form 214.

4.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.  His DD Form 214 properly shows he entered active duty as a private on 1 February 1967 (item 19) and he was released from active duty in the temporary rank of specialist five (item 5a) in MOS 11E20 (item 23a) on 23 January 1969.  Therefore, there is no basis for amending his rank or MOS.  His DD Form 214 was later amended to show 1st Battalion, 16th Infantry (Mechanized), 1st Infantry Division.    

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____XX____  ____XX____  _XX_______  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 by:

	a.  adding the Sharpshooter Marksmanship Qualification Badge with Pistol Bar to item 24 on his DD Form 214; and 

	b.  adding the entries, "Basic Combat Training, 8 weeks, April 1967" and "First U.S. Army NCO Academy Drill Corporal Course 68-1, 4 weeks, July 1967" in item 25 on his DD Form 214.

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 amending item 25 on his DD Form 214 to show he completed the First Aid course or amending his rank, MOS, or unit on his DD Form 214.  




      _____XXXX__ _   _______   ___
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080013931



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ABCMR Record of Proceedings (cont)                                         AR20080013931



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