IN THE CASE OF:	

		BOARD DATE:	      22 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090007608 


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) for the period ending 4 August 1970 to show award of the Sharpshooter Marksmanship Qualification Badge.  He further requests correction of his DD Form 214 and DA Form 20 (Enlisted Qualification Record) to show the proper title to his service school course at Goodfellow Air Force Base (GAFB), Texas in January 1968.

2.  The applicant states that he awarded the Sharpshooter Marksmanship Qualification Badge and it should be added to his DD Form 214.  He further states that the title "Vietnamese" for his service school course at GAFB in January 1968 entered on his DD Form 214 and DA Form 20 is in error.  The applicant states that the course consisted of military intelligence, intelligence gathering, analysis, and reporting.  The title on the forms should be corrected to reflect the above.

3.  The applicant provides his DD Form 214; a DA Form 20; Headquarters, Defense Language Institute Support Command Special Orders Number 182; dated 16 October 1967; a U.S. Air Force Certificate of Training, dated 16 January 1968; and Headquarters, U.S. Army Security Agency Support Command Special Orders Number 89, dated 14 May 1969.





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 enlisted in the Regular Army on 5 August 1966.  He successfully completed basic training and advanced individual training and was awarded military occupational specialty 04B (Translator Interpreter).  

3.  The applicant submitted a U.S. Air Force (USAF) Certificate of Training, dated 
16 January 1968, that shows he completed the Translator Course 04B2L at GAFB, Texas on 16 January 1968.

4.  The applicant's military records contain a Student Evaluation Report, dated 
18 January 1968, that shows he completed the "Translator (Vietnamese)" course on 18 January 1968 at GAFB, Texas.  The remarks column of the documents does not mention any sub-courses for the translator course. 

5.  The applicant submitted Headquarters, U.S. Army Security Agency Support Command Special Orders Number 89, dated 14 May 1969, that show he was awarded the Sharpshooter Marksmanship Qualification Badge.

6.  On 4 August 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of the applicant's DD Form 214 does not show award of the Sharpshooter Marksmanship Qualification Badge.  Item 
25 (Education and Training Completed) shows the entry "SERVICE SCHOOL-GOODFELLOW AFB TEXAS-NOV67-JAN68-LANGUAGE VIETNAMESE."




8.  Item 24 (Military Education) of the applicant's DA Form 20 shows he complete the "Vietnamese" language course in 1968.  Item 41 (Awards and Decorations) does not show award of the Sharpshooter Marksmanship Qualification Badge.

9.  Army Regulation 635-5 (Separation Documents) 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.  It states for item 25 (Military Education), list in-service training courses successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge.  Therefore, his DD Form 214 should be amended to add the award.

2.  The applicant contends that the course title for his service school at GAFB, Texas for Vietnamese Translator be changed to his DD Form 214 and DA Form 20.  He stated that the course consisted of military intelligence, intelligence gathering, analysis, and reporting.  The applicant feels that the title on the forms should be corrected to reflect the above.

3.  Evidence of record shows the applicant completed the Vietnamese Translator course in January 1968.  His DD Form 214, DA Form 20, Student Evaluation Report, and a USAF Certificate of Training all indicate that he completed the Vietnamese Translator service school course in January 1968.  There is no evidence and the applicant has not provided evidence that shows the course title was otherwise.  Therefore, it appears based on evidence from the above documents that the applicant's DD Form 214 and DA Form 20 show the correct title for the Vietnamese Translator service school course.

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 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 amending his DD Form 214 in item 24 to add the Sharpshooter Marksmanship Qualification Badge.

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 changing the title of his Vietnamese Translator service school course to his DD Form 214 and DA Form 20.




      _______ _   __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)                                         AR20090007608





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ABCMR Record of Proceedings (cont)                                         AR20090007608



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