BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100000318 


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:

   a.  his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 July 1969 be corrected to show he was discharged with severance pay for physical unfitness instead of being placed on the Temporary Disability Retired List (TDRL);

	b.  his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), be corrected to add the Overseas Service Ribbon (OSR), National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM), and the Marksman Marksmanship Qualification Badge with Rifle (M-14) Rifle and Pistol (.45 caliber) Bars;

	c.  His DD Form 214, Item 25 (Education and Training Completed), be corrected to add the Powerman Course at the Engineer School at Fort Belvoir, VA in July 1966; Basic Combat Training in 1966; Republic of Vietnam training in 1966; and the Parachutist School in April 1968; and

	d.  his DD Form 214 be corrected to show that he was a personnel carrier driver with Headquarters and Headquarters Company, 2nd Battalion, 509th Airborne Division (sic).

2.  The applicant states, in effect, that his evidence will support his request.

3.  The applicant provides his DD Forms 214 for the period ending 8 January 1968 and 10 July 1969, his DA Form 20 (Enlisted Qualification Record), and documents pertaining to his placement on the TDRL effective 10 July 1969 and his discharge with severance pay effective 30 November 1972.

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 show that he was inducted into the Army of the United States (AUS) on 7 April 1966 and he was assigned to Europe.  While in Europe he was assigned to Headquarters and Headquarters Detachment, 447th Signal Battalion; then Headquarters and Headquarters Company (HHC), 447th Signal Battalion; then Company A, 447th Signal Battalion; then HHC, 447th Signal Battalion; then Company A, 447th Signal Battalion; then 2nd Battalion, 509th Infantry (Airborne) prior to being placed in a patient status.  He was returned to a duty status with the 46th Tactical Operations Company, 14th Military Intelligence Battalion at Fort Bragg, NC and then was again placed in a patient status.  He had been promoted to pay grade E-4, and had enlisted in the Regular Army on 9 January 1968.  The DD Form 214 he was given at the time of his enlistment shows that he completed the Powerman course, 52B2O, U.S. Army Engineer School and he had been awarded the NDSM.

3.  On 10 July 1969, the applicant was placed on the TDRL.  The DD Form 214 he was issued shows a "None" entry in item 24 pertaining to decorations and awards and item 25 pertaining to education and training.  The DD Form 214 shows he was placed on the TDRL.

4.  The applicant's DA Form 20 does not show that the applicant attended Parachutist School or Republic of Vietnam training.  However, it does show that the applicant was awarded the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar.  This form shows that the applicant's conduct and efficiency were rated as "Excellent" or "Unknown," with the exception of "Fair" ratings when he was assigned to the 46th Tactical Operations Company, 14th Military Intelligence Battalion.

5.  The applicant was removed from the TDRL on 30 November 1972 and honorably discharged, with disability severance pay.  Item 12 (Last duty assignment and major command) has 46th Tactical Operations Company, 14th Military Intelligence Battalion entered.

6.  Army Regulation 600-8-22 (Military Awards) provides that weapons qualification badges are awarded to indicate the qualification last attained with the respective weapon.  

7.  Army Regulation 600-8-22 also provides that, effective 1 August 1981, all active members of the Army who successfully complete an overseas tour are eligible for the Oversea Service Ribbon.  Completion of an oversea tour must be in accordance with Army Regulation 614-30 (Overseas Service).  The ribbon may be awarded retroactively to those who qualified prior to 1 August 1981 only if they had an active Army status on or after that date.

8.  Army Regulation 600-8-22 also provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single conduct or efficiency rating of less than "Excellent" was disqualifying.

9.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  This regulation states, in pertinent part, that a DD Form 214 will be issued at the time of separation to each member of the Regular Army and each member of the Reserve components and the AUS without component, called or ordered to active duty or active duty for training (ACDUTRA) for a period of 90 days or more.  This regulation prohibits the issuance of a DD Form 214 to personnel being removed from the TDRL.

10.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) defined active duty as full time duty in the active military service of the United States - includes ACDUTRA.

11.  Army Regulation 635-5, then in effect, stated that for enlisted personnel, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person had completed successfully during the period covered by the DD Form 214 being prepared.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was placed on the TDRL from active duty.  He was discharged with severance pay while he was on the TDRL.  Since the TDRL is not active duty, the applicant's DD Form 214 properly shows he was placed on the TDRL and there is no reason to change that entry.

2.  There is no evidence that the applicant completed Parachutist School or Republic of Vietnam training.  Therefore, this school and this course cannot be entered on his DD Form 214.

3.  The applicant completed the Powerman course at the Engineer School at Fort Belvoir in July 1966 and it is properly listed on the DD Form 214 for the period ending 8 January 1968, which covers that period of service.  Therefore, he is not entitled to have that course listed on his DD Form 214 for the period ending
10 July 1969 since he did not attend that training during that period of service.  Basic combat training is not listed on a DD Form 214 since it is not a qualification course.

4.  The applicant received a "Fair" conduct and efficiency rating during a period of service while on active duty.  As such, he is not entitled to the AGCM.

5.  There is no evidence that the applicant qualified with the .45 caliber pistol.

6.  The only entry for a unit on a DD Form 214 is in Item 12 (Last Duty Assignment and Major Command).  Since Headquarters and Headquarters Company, 2nd Battalion, 509th Infantry (Airborne) was not the applicant's last unit of assignment it is properly not listed on his DD Form 214.  There is no place on a DD Form 214 to enter duty assignments.  Therefore, the applicant's duties as a personnel carrier driver cannot be entered on his DD Form 214.

7.  As for the OSR, the applicant was separated well before that award was created on 1 August 1981 and there is no evidence or indication that he ever reentered active duty after 1 August 1981.  As such, he is not entitled to the OSR.

8.  However, it does show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.  As such, it would be appropriate to add this qualification badge to the applicant's DD Form 214 for the period ending 10 July 1969.

9.  In addition, the applicant's NDSM should have been entered on his DD Form 214 for the period ending 10 July 1969.

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 24 of his DD Form 214 for the period ending 10 July 1969 the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

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 reason for his separation, adding additional awards and training, and adding a unit of assignment and duty assignment to his DD Form 214 for the period ending
10 July 1969.



      __________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)                                         AR20100000318



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)