IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100010095 


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 show he was a paratrooper with the 1st Battalion, 325th Infantry, 82nd Airborne Division, Fort Bragg, NC; that he volunteered for service in Vietnam; and all of his authorized awards and decorations.

2.  The applicant states his DD Form 214 shows he held military occupational specialty (MOS) 36K2P (Field Wireman), but there is no mention of his airborne qualification.  He also states that he was awarded the Marksman Marksmanship Qualification Badge and Army Good Conduct Medal, but they are not recorded on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and 82nd Airborne Division Association, 1968 Regular Membership Card.

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 for a period of 3 years on 26 July 1967.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 22 (Military Occupational Specialties) he was awarded MOS 36K (Field Wireman) on 8 December 1967;

	b.  item 27 (Military Education) he completed the 8-week Field Wireman course (MOS 36K2O) in 1967;

   c.  item 28 (Specialized Training) he completed the 3-week Basic Airborne course on 9 January 1968;
   
   d.  item 29 (Qualification in Arms) he qualified Sharpshooter with the M-14 rifle in September 1967 and Marksman with the M-16 rifle in May 1968;

   e.  item 38 (Record of Assignments) that he served in Duty MOS 36K2P (Radio Telephone Operator) while assigned to Headquarters and Headquarters Company, 1st Battalion (Airborne), 325th Infantry, Fort Bragg, NC, from
1 February through 24 July 1968; and
   
   f.  item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge.

4.  Headquarters, 1st Training Brigade, Fort Jackson, SC, Special Orders Number 204, dated 18 September 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

5.  Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning, GA, Special Orders Number 15, dated 17 January 1968, announced that the applicant was required to perform parachute hazardous duty effective 2 January 1968.  The orders also awarded the applicant the Parachutist Badge, the airborne MOS Special Qualification Identifier (SQI) "P" [Parachutist qualified], and MOS 36K2P effective 19 January 1968.

6.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Special Orders Number 139, dated 14 June 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar.

7.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Special Orders Number 21, dated 24 January 1968, released the applicant from the Replacement Detachment, 82nd Administration Company, and assigned him to Headquarters and Headquarters Company, 1st Battalion, 325th Infantry, with a reporting date of 24 January 1968.

8.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Special Orders Number 166, dated 16 July 1968, reassigned the applicant from Headquarters and Headquarters Company, 1st Battalion, 325th Infantry, 82nd Airborne Division, Fort Bragg, NC  28307 to the U.S. Army Overseas Replacement Station, Oakland Air Base, Oakland, CA, with a reporting date of 29 August 1968, for further assignment to the U.S. Army Vietnam, Transient Detachment.  The authority for the applicant's orders was Headquarters, Department of the Army letter, dated 28 June 1968, subject:  August E-6 and Below Overseas Volunteer Assignment and Program Instructions.  The orders do not show the major command (i.e., U.S. Army Forces Command [FORSCOM]).

9.  Headquarters, Letterman General Hospital, San Francisco, CA, Special Orders Number 207, dated 27 September 1968, reassigned the applicant from the Medical Holding Company, Letterman General Hospital, Presidio of San Francisco, CA  94129 to the U.S. Army Transfer Station, Oakland Air Base, CA, on 3 October 1968, for the purpose of separation.  The orders show The Surgeon General as the major command/agency (Maj/Comd/Agcy). 

10.  The applicant's DD Form 214 shows he was honorably discharged on
3 October 1968 based on a physical disability that existed prior to service.  At the time he had completed 1 year, 2 months, and 8 days of net active service.  It also shows in:

	a.  item 12 (Last Duty Assignment and Major Command) Letterman General Hospital, Presidio of San Francisco, CA  94129;

	b.  item 23a (Specialty Number and Title) MOS 36K2P, Field Wireman;

	c.  item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal; and

	d.  item 25 (Education and Training Completed) the entry "None." 

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and there is no evidence his commander denied him award of the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his entire period of military service.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important that the information entered thereon is complete and accurate as of that date.

   b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) provides guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

	    (1)  Item 12 states for personnel reassigned on orders to a transfer activity or to a medical holding detachment prior to separation, enter the losing unit of assignment as shown in the standard name line.  Also, include the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Maj Comd/Agcy" of the orders reassigning the individual to the transfer activity or the medical holding detachment.  For all other personnel, enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization.

       (2) Item 23a states enter the primary MOS code number and title.

	    (3)  Item 24 states enter all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

	    (4)  Item 25 states enter service schools, including major courses which were successfully completed.  For enlisted Soldiers, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted Soldier has completed successfully during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was a paratrooper with the 1st Battalion, 325th Infantry, 82nd Airborne Division, Fort Bragg, NC; that he volunteered for service in Vietnam; and all of his authorized awards and decorations.

2.  The applicant's contentions were carefully considered.

   a.  Records show the applicant completed the 8-week Field Wireman course  for MOS 36K2O and he was awarded the MOS on 8 December 1967.  Records also show he completed the 3-week Basic Airborne course and was awarded the SQI of "P" (Parachutist) on 19 January 1968.  

	    (1)  Special orders awarded the applicant MOS 36K2P and it is recorded in item 23a of his DD Form 214.  The "P" shows he was parachutist qualified; therefore, there is no corrective action required in this instance.  

       (2)  However, item 25 of his DD Form 214 does not show the training that he completed.  Therefore, it would appropriate to correct this item.

   b.  Special orders reassigned the applicant from Headquarters and Headquarters Company, 1st Battalion, 325th Infantry, 82nd Airborne Division, Fort Bragg, NC  28307, to the U.S. Army Overseas Replacement Station, Oakland Air Base, Oakland, CA, with a reporting date of 29 August 1968.


       (1)  These orders show the applicant was a volunteer for assignment to Vietnam.  Thus, his military personnel records document that he volunteered for service in Vietnam.  However, there is no provision for entering this information on the DD Form 214 and no corrective action is required in this instance.

       (2)  The evidence of record shows the applicant was assigned to the Medical Holding Company, Letterman General Hospital, Presidio of San Francisco, CA, in lieu of the U.S. Army Overseas Replacement Station, Oakland Air Base, Oakland, CA.  On 27 September 1968, special orders reassigned the applicant from the Medical Holding Company, Letterman General Hospital, Presidio of San Francisco, CA, to the U.S. Army Transfer Station, Oakland Air Base, CA, for the purpose of separation.

       (3)  The evidence of record shows that for personnel reassigned on orders to a transfer activity or to a medical holding detachment prior to separation enter the losing unit of assignment as shown in the standard name line.

       (a)  The evidence shows the applicant was reassigned from Headquarters and Headquarters Company, 1st Battalion, 325th Infantry, 82nd Airborne Division; diverted to the Medical Holding Company for disability separation processing; and then reassigned to the U.S. Army Transfer Station.

       (b)  Therefore, it would be appropriate to correct item 12 of his DD Form 214 to show his last duty assignment was Headquarters and Headquarters Company, 1st Battalion, 325th Infantry, 82nd Airborne Division, Fort Bragg, NC  28307 (FORSCOM).

3.  Special orders awarded the applicant the Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar.  Therefore, it would be appropriate to correct item 24 of his DD Form 214 to show these badges.

4.  The applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal from 26 July 1967 to 3 October 1968.  There is no evidence of any adverse or disqualifying information or that he was denied the award.  In addition, he received conduct and efficiency ratings of "excellent" throughout his entire period of military service.  As such, the applicant qualified for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to approve the award and correct his DD Form 214.


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:

	a.  awarding the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 26 July 1967 to 3 October 1968; and

	b.  correcting his DD Form 214 by:

       (1)  deleting from item 12 the entry "LETTERMAN GEN HOSP PSF CALIF  94129";

       (2)  adding to item 12 the entry "HHC 1st BN 325 INF 82ND ABN DIV FT BRAGG NC  28307 (FORSCOM);

	    (3)  adding to item 24 the Army Good Conduct Medal, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar;

       (4)  deleting from item 25 the entry "NONE"; and

       (5)  adding to item 25 the entry "Field Wireman - 8 Weeks (1967)//Basic Airborne - 3 Weeks (1968)."


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 showing he volunteered for service in Vietnam on 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)                                         AR20100010095



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ABCMR Record of Proceedings (cont)                                         AR20100010095



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