IN THE CASE OF:	  

		BOARD DATE:	    29 December 2009

		DOCKET NUMBER:  AR20090010699 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with a separation date of 6 April 1972, be corrected to show his military occupational specialty (MOS) was 63B and his correct marksmanship qualification badge.

2.  The applicant states, in effect, his record shows that his MOS is 63C and that he received the Marksman Marksmanship Qualification Badge with Rifle Bar (M14) when it should show he received the Marksman Marksmanship Qualification Badge with Rifle Bar (M16). 

3.  The applicant provides the following documents in support of his application:  a copy of his DD Form 214, MOS orders, weapon qualification badge orders, and travel orders.

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 2 September 1969 for a 3-year period.  He successfully completed basic combat and advanced individual training and was awarded MOS 63B (Wheeled Vehicle Mechanic).  

3.  On 6 April 1972, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 issued to the applicant shows he completed a total of 2 years, 7 months, and 5 days of active federal service with 2 years and 19 months of foreign service in the Germany.   

4.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows that his MOS was 63C2O.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar shown as "MM 16."

6.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS (PMOS) 63C2O (General Vehicle Repairman) on 4 December 1970 and MOS 63B2O became his secondary MOS.  

7.  Item 27 (Military Education) of the applicant's DA Form 20 shows he completed a seven-week Wheeled Vehicle Mechanic course in 1970.

8.  Headquarters, VII Corps, Special Orders Number 5, dated 8 January 1971, promoted the applicant to specialist four (SP4) and awarded the applicant PMOS 63C2O effective 4 December 1970.  This order withdrew PMOS 63B2O and awarded him a secondary MOS of 63B2O.

9.  Headquarters, VII Corps, Special Orders Number 239, dated 5 October 1970, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M14).

10.  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.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that 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.  Guidance in effect at the time provided for the entry of the PMOS code number, title, and date of award held at the time of separation.  In addition, the PMOS evaluation score and date of score were to be entered in item 30 (Remarks) of the DD Form 214.  For enlisted Soldiers specify the first 5 characters of the primary MOS, which includes the 3 characters of the MOS, the fourth character of skill and grade level in MOS, and the fifth character of a special qualification identifier, enter an "O" when not applicable. 

11.  Army Regulation 672-5-1 (Military Awards) in effect at the time, prescribed the requirements for award of the basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  The weapon "rifle" is authorized a component bar titled "Rifle" and is not defined by the type of rifle an individual qualified with during a prescribed weapons qualification course.  

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record, the applicant's PMOS upon separation was 63C as awarded through the publication of permanent military orders.  When PMOS 63C was awarded, his former PMOS 63B was withdrawn and then awarded as his secondary MOS.  Since only the PMOS is authorized for entry on the DD Form 214, his DD Form 214 correctly shows 63C as his PMOS.

2.  The applicant's DD Form 214, with a separation date of 6 April 1972, does show he was trained in MOS 63B as a Wheeled Vehicle Mechanic. 

3.  The applicant's DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar and it is annotated as "MM 16."  His records do contain award orders that show the actual weapon was an M-14.  However, the type of rifle is not to be entered on a rifle bar.  As such, to correct the applicant's records the entry "MM16" would have to be changed to "Marksman Marksmanship Badge with Rifle Bar."  Since the applicant did not request this correction, no change will be made to this badge.   

4. In order to justify correction of a military record the applicant must, 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.




      _______ _ 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)                                         AR20090010699



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ABCMR Record of Proceedings (cont)                                         AR20090010699



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