IN THE CASE OF:	

		BOARD DATE:	       24 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090010258 


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 the following items of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected:

	a.  block 23a (Specialty Number and Title) to show 67N2 Crew Chief/Door Gunner;

	b.  block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show the Air Medal 10th award; and 

	c.  block 25 (Education and Training) to show Jump School-Paratrooper. 

2.  The applicant states, in effect, that his DD Form 214 is wrong and that he was never a Turret Artillery Repairman.  He also annotated his DD Form 214 ending on 9 November 1970 to indicate the above corrections should be made.

3.  The applicant provides a copy of his DD Form 214 in support of this application.

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 record shows that he initially enlisted in the Regular Army (RA) unassigned on 7 October 1964.  He served until he was discharged under honorable conditions on 23 February 1965 in a trainee status. 

3.  On 30 April 1968, the applicant again enlisted in the RA. 

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  that he attended the 9-week Turret Artillery Repairman Course at Fort Knox, KY and he was awarded military occupational specialty (MOS) 45G (Turret Artillery Repairman);

	b.  that he attended Basic Aviation School at Fort Benning, GA from
20 August to 13 September 1968 and he was awarded the Parachutist Badge; and 

	c.  he was assigned to the 101st Airborne Battalion, 101st Airborne (Air Assault) Division in the Republic of Vietnam and he performed duties in MOS 67N (Crew Chief) from 30 September 1969 to 2 November 1970.  Prior to serving as a crew chief he performed as a supply clerk.

5.  Special Orders Number 324, Headquarters, 8th Infantry Division, U.S. Army Europe, dated 19 November 1968, show he was awarded primary MOS (PMOS) 76A (Supplyman) effective 2 November 1968.  However, the available evidence does not show when or if he completed formal training for award of PMOS 76A.

6.  On 9 November 1970, the applicant was honorably released from active duty after completing a total of 2 years, 6 months, and 17 days of net service this period.  He had also completed 4 months and 17 days of other service.  

7.  The applicant's record contains a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated
6 November 1972, which corrected his DD Form 214, dated 9 November 1970, to show award of the Air Medal with the Numeral 6.  The available evidence does not indicate the applicant is authorized any additional Air Medals.

8.  Army Regulation 635-5 provides that 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 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.  

9.  Army Regulation 600-200 (Enlisted Personnel Management System) provides, in pertinent part, that a Soldier who can perform duties required of any 3-character MOS may be awarded that MOS.  However, he or she must be qualified in accordance with the specifications and qualifications required for a particular MOS.  A new MOS will be awarded on qualification in any MOS (including prior military service), successful completion of MOS producing training, successful completion of on-the-job training for not less than 60 days, change in MOS structure, identifying civilian acquired skills having a direct MOS counterpart, and withdrawal of a PMOS.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

DISCUSSION AND CONCLUSIONS:

1.  Item 23a of the applicant’s DD Form 214 appropriately shows that he was awarded PMOS 76A1P.  The available evidence shows he was awarded PMOS 76A1P on 2 November 1968 and that he served in this PMOS.  However, the available evidence does not show whether he completed formal training for this MOS.

2.  The available evidence shows that he completed the Turret Artillery Repairman Course (9 weeks) in 1968.  Therefore, Item 25 of his DD Form 214 appropriately shows this course.

3.  The available evidence shows the applicant completed the Airborne Course
(3 weeks) in 1968.  Therefore, he is entitled to correction of his DD Form 214, Item 25 to show completion of this course. 

4.  Although the applicant served in duty position 67N as a crew chief, there is no evidence nor did the applicant provide any evidence that shows he was awarded MOS 67N Crew Chief.  Therefore, there is no basis for correcting his DD Form 214 to show he served as crew chief while assigned to the RVN.  There is also no evidence to show he is entitled to any additional awards of the Air Medal.

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 adding to item 25 of his DD Form 214 the “Airborne Course 3 wks, 68.” 

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 23a of his DD Form 214 to show his MOS as 67N or adding additional awards of the Air Medal to 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)                                         AR20090010258



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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