IN THE CASE OF:	  

		BOARD DATE:	       16 JUNE 2009

		DOCKET NUMBER:  AR20080020077 


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 that his expert pistol badge, his armor school, and his advanced officer school be entered on his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states he has records of airborne school, Special Forces schools, officer training schools, armor school, active duty officer advanced schools, and his pistol expert marksmanship badge.

3.  The applicant provides, in support of his application, copies of his training certificate for Phase V - Armor Officer Advanced Course, training certificate for Phase IA (AT), Branch Officer Advanced Course, his DA Form 1380 (Record of Individual Performance of Reserve Duty Training), orders for his Expert Marksmanship Badge with Pistol Bar, orders for promotion to first lieutenant and to captain, orders for 22 days of active duty for training, and orders for hazardous duty (parachute).

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 enlisted records were not available for review.  His exact date of enlistment in the Ohio Army National Guard (OHARNG) is unknown.  

3.  A DD Form 214 (Report of Separation from Active Duty) with an effective date of 21 December 1966 shows he entered his initial active duty for training on 
21 August 1966.  He was released from active duty and returned to his unit on 
on 21 December 1966.  He was assigned the military occupational specialty of 76K (General Supply Specialist).  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successful Completed) contains the entries "None."

4.  On 12 August 1967, the applicant was commissioned a second lieutenant in the OHARNG.  On 31 May 1970, he was transferred to the U.S. Army Reserve Control Group (Annual Training).  On 1 December 1978, he was discharged from the Ready Reserve.

5.  The applicant's military records do not show any other periods of active duty of 90 days or more where a DD Form 214 would have been issued.

6.  The applicant provided a copy of Headquarters, 2nd Squadron, 107th Armored Cavalry, Greensburg, OH, dated 15 October 1969, that awarded him the Expert Marksmanship Qualification Badge with Pistol Bar.

7.  The applicant provided a copy of a Certificate of Training for successful completion of Phase V - Armor Officer Advanced Course in 1972.

8.  The applicant provided a copy of a Certificate of Training for successful completion of Phase IA (AT), Branch Officer Advanced Course on 21 July 1972.

9.   The applicant provided a copy of a DA Form 1380 showing he attended classes in BOACI (acronym unknown) during February and March of 1974.

10.  The remaining documents provided by the applicant do not show training completion.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, provides in pertinent part, that all decorations, service medals, campaign credits, and badges awarded or authorized during the period covered by the 
DD Form 214 from DA Form 66 (Officer Qualification Record) or DA Form 20 (Enlisted Qualification Record) be entered in Item 26 of the DD Form 214.

12.  Army Regulation 635-5, then in effect, provides, in pertinent part, that a 
DD Form 214 will be issued at the time of separation to each member of the Army National Guard called into active Federal service for a period of 90 days or more, or for an indefinite period.

13.  Army Regulation 635-5, then in effect, provided that formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be entered in Item 28 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The only DD Form 214 in the applicant's military records covered the period from 21 August 1966 to 21 December 1966.  There is no evidence of any other DD Forms 214 having been issued.

2.  Army Regulation 635-5, then in effect, provided that only those awards earned or authorized during the period covered by the DD Form 214 would be entered in item 26.  Therefore, the Expert Marksmanship Qualification Badge with Pistol Bar that was awarded subsequent to his date of separation from active duty would not be entered in item 26 of his DD Form 214.

3.  Only those formal courses of instruction completed during the period covered by the applicant's DD Form 214 would be entered in Item 28 of the applicant's DD Form 214.  Therefore, the courses submitted by the applicant that were completed subsequent to his date of separation from active duty would not be entered in item 28 of his DD Form 214.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   ____XX___   ___
               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)                                         AR20080020077





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ABCMR Record of Proceedings (cont)                                         AR20080020077



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