BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100011559 


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 his DD Form 214 (Report of Separation from Active Duty), dated 21 August 1974, be corrected to show he was awarded the Parachutist Badge and his primary military specialty number was 11E4P (Armor Crewman).

2.  The applicant states the errors on his DD Form 214 do not reflect his service record.

3.  The applicant provides promotion and hazardous duty 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 30 August 1971.  He was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewman).

3.  A review of his DA Form 20 (Enlisted Qualification Record) shows the following:

   a.  item 33 (Appointments and Reductions) shows he was promoted to sergeant on 1 May 1974;
   
   b. Item 38 shows he received both "excellent" and "unknown" conduct and efficiency ratings during his career;
   
   c.  Item 41 (Awards and Decorations) shows he was awarded the Parachutist Badge; National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Pistol Bar, and Expert Marksmanship Qualification Badge with Submachine Gun bar; and
   
   d.  Item 45 (Continuation from item 28 (Specialized Training)) shows he completed Basic Airborne Training on 25 February 1972.

4.  The applicant provided Headquarters, The School Brigade, U.S. Army Infantry School, Fort Benning, Special Orders Number 40, dated 23 February 1972, which show he was authorized to purchase and wear the Parachutist Badge effective 25 February 1972.  It also shows he performed hazardous duty as a 
parachutist.

5.  Headquarters, United States Army Europe, and Seventh Army, Special Orders Number 116, dated 26 April 1974, promoted the applicant to sergeant effective 21 April 1974 in MOS 11E4P and MOS 11E2P was withdrawn.

6.  He was honorably released from active duty on 21 August 1974 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed 2 years, 11 months, and 22 days of active service.  Item 26 of his DD Form 214 shows he was awarded the "National Defense Service Medal" and "Marksman M16."  Item 16a (Primary Specialty Number and Title) shows his MOS as 11E2P.

7.  A review of his records show he is authorized additional awards which are not shown on his DD Form 214.


8.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded the Parachutist Badge and that he held MOS 11E4P at the time of separation.

2.  The available evidence shows he completed Basic Airborne Training on 
25 February 1972 and was awarded the Parachutist Badge.  Special Orders show he was promoted to sergeant effective 21 April 1974 and he was awarded MOS 11E4P and MOS 11E2P was withdrawn.  His DD Form 214 should be corrected to show he was awarded MOS 11E4P.

3.  His records show he had "excellent" or "unknown" conduct and efficiency ratings during the period that he served.  The available evidence also contains no disqualifying information and unknown ratings are not disqualifying.  Therefore, his DD Form 214 should be corrected to show he was awarded the Army Good Conduct Medal for the period 30 August 1971 to 21 August 1974.

4.  The record shows he was awarded three marksmanship qualification badges; however, only his rifle bar is shown, with the incorrect degree of qualification.  His DD Form 214 should be corrected to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Pistol Bar, and Expert Marksmanship Qualification Badge with Submachine Gun Bar.

5.  In view of the foregoing, his request should be granted.







BOARD VOTE:

___x__  ___x_____  __x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding him the Army Good Conduct Medal (1st award) for the period 
30 August 1971 to 21 August 1974; 
   
   b.  deleting the entry "11E2P" in item 16a from his DD Form 214 and adding "11E4P";
   
   c.  deleting the entry "MARKSMAN M16" from item 26 of his DD Form 214; and 
   
   d.  adding in item 26 of his DD Form 214 the Army Good Conduct Medal, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle and Submachine Gun Bars, and the Marksman Marksmanship Qualification Badge with Pistol Bar.



      _______ _   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)                                         AR20100011559



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ABCMR Record of Proceedings (cont)                                         AR20100011559



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