IN THE CASE OF:	  

		BOARD DATE:	        12 MARCH 2009

		DOCKET NUMBER:  AR20080015602 


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 reconsideration of an earlier request that item 3a (Grade, Rate or Rank), item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), and item 28 (Other Service Training Courses Successfully Completed) of his DD Form 214 (Report of Transfer or Discharge) be corrected.

2.  The applicant states, in effect, that his rank was changed from specialist five to sergeant by the time he was presented a trophy for "Soldier of the Month" in May 1966, that his Installation Clearance Record shows his rank as sergeant, and that his company commander offered to promote him to staff sergeant within 6 months if he accepted an option to reenlist and stay with his unit.

3.  The applicant states that he was awarded an official certificate of achievement for meritorious service and that his nomination for the Army Commendation Medal was not only based on three letters of commendation but it was also based on his "Soldier of the Month" award and his platoon sergeant assignment while a junior noncommissioned officer.

4.  The applicant states that he qualified expert with the M-14 rifle during basic combat training and later qualified expert with the M-16 rifle before his expiration term of service.  He claims that during advanced individual training he remembers qualifying sharpshooter with the machine gun because he did not have sufficient hands-on training with the "traverse and elevation" device on the M-60 tripod before firing for qualification.  He states that had he qualified expert with the M-60, it would have been more practicable (and efficient use of his training skills) to have assigned him as an M-60 gunner instead of an automatic rifleman.  He claims due to time constraints resulting from tight field training schedules he may have been "paper qualified" sharpshooter for automatic rifle (M-14 with selector switch) since that was his assignment.  

5.  The applicant further states that he completed a 2-week Leaders Preparation Course at the Fort Polk Noncommissioned Officer Academy, that he completed the Basic Vietnamese Language Course at the Army Language School in Okinawa, that he completed the Flamethrower Course and the language school training during the same time period, and that he completed the Advanced Infantry Training Course for which he received his school-trained military occupational specialty.

6.  The applicant provides a photograph of himself receiving a trophy for Soldier of the Month (previously considered by the Board); a DA Form 137 (Installation Clearance Record), dated 27 July 1966; a photograph of the Leaders Preparation Course Class 40-1963 at Fort Polk, Louisiana; a photograph of the applicant on crutches (previously considered by the Board); and a certificate of achievement, dated 10 September 1965.  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070011591 on 15 November 2007.

2.  The new evidence provided by the applicant will be considered by the Board.

3.  The applicant 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 11B (light weapons infantryman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 12 August 1966.

4.  Item 3a of the applicant's DD Form 214 shows the entry, "SP5 [specialist five] E-5 (T) [temporary]."  Item 26 of his DD Form 214 shows the Parachutist Badge, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Army Good Conduct Medal, and the National Defense Service Medal as authorized awards.  Item 28 of his DD Form 214 shows that he completed the Airborne School in 1964.

5.  Records show the applicant was promoted to specialist five effective 11 April 1966.  There are no orders in the available records which show the applicant was laterally promoted to sergeant.

6.  Chapter 7 of Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated, in pertinent part, that lateral appointments would be announced in orders.  The regulation stated that noncommissioned officers might be laterally appointed from one noncommissioned officer grade to another within the same pay grade when a change of duty is required.  

7.  In support of his claim to amend item 3, the applicant provided an Installation Clearance Record which shows his rank is sergeant.

8.  There are no orders in the available records which show the applicant was awarded the Army Commendation Medal.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal.

10.  Item 29 (Qualification in Arms) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he qualified expert with the M-14 rifle in 1963.

11.  There is no evidence of record which shows the applicant qualified sharpshooter with the machine gun.

12.  The applicant previously provided a certificate of training which shows he successfully completed a 2-week Leaders Preparation Course at the Fort Polk Noncommissioned Officer Academy.  He also provides a photograph of the Leaders Preparation Course Class 40-1963 at Fort Polk, Louisiana, which shows his name.

13.  There is no evidence of record which shows the applicant completed the Advanced Infantry Training Course, the Basic Vietnamese Language Course, or the Flamethrower Course.

14.  Item 27 (Military Education) of the applicant's DA Form 20 is blank.

15.  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.  item 26:  Enter decorations awarded or authorized during the period covered by the DD Form 214.

	c.  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.

16.  Army Regulation 635-5, currently in effect, states that item 14 (Military Education) will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed.  Training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that his rank was changed from specialist five to sergeant, there are no orders which show he was laterally appointed to sergeant.  In the absence of appointment orders, the Installation Clearance Record provided by the applicant which shows his rank is sergeant is not sufficient evidence on which to amend item 3 of his DD Form 214.
 
2.  There are no orders for the Army Commendation Medal in the available records.  In the absence of orders, the certificate of achievement provided by the applicant for meritorious service is not sufficient evidence on which to amend item 26 of his DD Form 214 to show award of the Army Commendation Medal.

3.  The entry in item 29 of the applicant's DA Form 20 which shows he qualified expert with the M-14 rifle in 1963 is accepted as sufficient evidence on which to amend item 26 of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  There is no evidence of record which shows the applicant qualified for or was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  Therefore, there is insufficient evidence on which to amend item 26 of his DD Form 214 to show this marksmanship badge. 

5.  It is noted that the current version of Army Regulation 635-5 which states that training courses for combat skills will not be listed on the DD Form 214 was incorrectly cited in the applicant's previous case.  However, since the regulation in effect at the time provided that all training courses would be entered in item 28 of the DD Form 214, the applicant's certificate of training which shows he completed the 2-week Leaders Preparation Course is accepted as sufficient evidence on which to amend item 28 of his DD Form 214 to show this course.

6.  There is no evidence of record which shows the applicant completed the Advanced Infantry Training Course, the Basic Vietnamese Language Course, or the Flamethrower Course.  Therefore, there is no basis for granting his request to show these courses in item 28 of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR 20070011591, dated 15 November 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending item 26 of his DD Form 214 to add the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and 

	b.  amending item 28 on his DD Form 214 to show he completed the 2-week Leaders Preparation Course in 1963.

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:

   a.  amendment of his rank in item 3 of his DD Form 214;

   b.  adding the Army Commendation Medal and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar to item 26 of his DD Form 214; and 

   c.  adding the Advanced Infantry Training Course, the Basic Vietnamese Language Course, and the Flamethrower Course to item 28 of his DD Form 214.



      _________XXX________________
                 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)                                         AR20080015602



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ABCMR Record of Proceedings (cont)                                         AR20080015602



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