BOARD DATE:	  9 September 2009

		DOCKET NUMBER:  AR20090004248 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include the award of the Special Forces Tab.

2.  The applicant states that the Special Forces Tab was not included on his DD Form 214.

3.  The applicant provides page 1 of his DA Form 20 (Enlisted Qualification Record).

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 are not available to the Board.  This case is being considered using the DA Form 20 submitted by the applicant and the DD Form 214 and DD Form 215 (Correction to DD Form 214) obtained from the Department of Veterans Affairs (VA).

3.  The available records show that on 21 June 1965, the applicant enlisted in the Regular Army (RA) in Baltimore, Maryland, for 3 years in the pay grade of E-1.  He successfully completed his training and he was awarded military occupational specialty (MOS) 12B (combat engineer).

4.  After completing 2 years, 11 months, and 22 days of total active service, the applicant was honorably released from active duty (REFRAD) on 12 July 1968, under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows his MOS as 12B3S, which indicates his Special Forces qualification.  It also shows that he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge, Vietnam Service Medal, and the Army of Occupation Medal.  His DD Form 214 further shows that he completed Special Forces Training in 1966, Special Forces Engineer Function in 1966, and the 7th Army Noncommissioned Officers Academy in 1967.  On his DD Form 214 his last duty assignment and major command is reflected as Headquarters and Headquarters Company (RECONDO), U.S. Army, Vietnam.

6.  On 30 December 2008, the applicant was furnished a DD Form 215 amending his DD Form 214 to include the Bronze Star Medal, Vietnam Service Medal with three bronze service stars, Presidential Unit Citation, Meritorious Unit Commendation, Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Army of Occupation Medal with Germany Clasp, Expert Marksmanship Qualification Badge with Rifle, Mortar, and Submachine Gun Bars, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

7.  The DA Form 20 that the applicant submitted shows that his military education included Special Forces Training (U.S. Army Special Forces Training Group) for 23 weeks in 1966; Special Forces Engineer Function (U.S. Army Engineer School) for 7 weeks in 1966; and the 7th Army Noncommissioned Officer Academy (Noncommissioned Officer 67/15) for 4 weeks in 1967.

8.  Army Regulation 600-8-22 (Military Awards) provides that any person meeting one of the criteria below may be awarded the Special Forces Tab:

   (1)  Successful completion of the United States Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS) approved Active Army (AA) institutional training leading to Special Forces qualification;
   
   (2)  Successful completion of a USAJFKSWCS approved Reserve Component Special Forces qualification program; or
   
   (3)  Successful completion of an authorized unit administered Special Forces qualification program.

9.  It further states, for active component institutional training, the Special Forces Tab may be awarded to all personnel who meet the following:

   (1)  Successful completion of the Special Forces Qualification Course or Special Forces Detachment Officer Qualification Course (previously known as the Special Forces Officer Course).  These courses are/were conducted by the USAJFKSWC (previously known as the U.S. Army Institute for Military Assistance); and
   
   (2)  Prior to 1 January 1988 for successful completion of the then-approved program of instruction for Special Forces qualification in a Special Forces Group, who were subsequently awarded, by competent authority, Skill Qualification Identifier (SQI) "S" in Career Management Field 18 (enlisted), or SQI "3" in Functional Area 18 (officer).  For unit administered Special Forces qualification programs, the Special Forces Tab may be awarded to all personnel who successfully completed unit administered Special Forces qualification programs as authorized by regulation.  The USAJFKSWCS will determine individual entitlement to award of the Special Forces Tab based upon historical review of regulations prescribing Special Forces qualification requirements in effect at the time the individual began a unit administered Special Forces qualification program.  The Special Forces Tab may be awarded retroactively to all personnel who from 1942 through 1973 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 SQI "S," "3," or "5G" by competent authority. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be amended to include the awarded of the Special Forces Tab.

2.  His contentions have been noted and while his records are currently unavailable for review, the available evidence shows that he met the criteria contained in the applicable regulation for award of the Special Forces Tab.

3.  His DD Form 214 shows that he served in a Special Forces unit and he was awarded SQI of "S."  In accordance with the applicable regulation, the Special Forces Tab may be awarded retroactively to all personnel who from 1942 through 1973 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 SQI "S," "3," or "5G" by competent authority. 

4.  The available evidence indicates that the applicant was entitled to the Special Forces Tab and, therefore, his DD Form 214 should be corrected to include this award. 

5.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records 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 adding the Special Forces Tab to his DD Form 214.



      __________x____________
               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)                                         AR20090004248



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ABCMR Record of Proceedings (cont)                                         AR20090004248



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