IN THE CASE OF:	  

		BOARD DATE:	      6 January 2011

		DOCKET NUMBER:  AR20100013724 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the following:

* Item 5 (Place of Birth) - Culver City, CA
* Item 6 (Date of Birth) - 12 June 1945
* Item 19c (Date of Entry) - 10 October 1962
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - remove the word "NON"
* Item 29 - Advanced Infantry Training course

2.  The applicant states it is time to set the record straight.

3.  The applicant provides a copy of his DD Form 214, effective 12 October 1965.

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 records contain a:

	a.  DD Form 4 (Enlistment Record) that shows his date of birth as 12 June 1945 and his date of enlistment as 12 October 1962; and

	b.  DD Form 373 (Consent, Declaration of Parent or Legal Guardian) that shows his date of birth as 12 June 1945 and place of birth as Culver City, CA.

3.  There is no evidence to show when or where he completed advanced infantry training.

4.  The applicant's DD Form 214 shows in:

	a.  Item 5 - Place of Birth - Salema, OH

	b.  Item 6 - Date of Birth - 21 June 1945

	c.  Item 19c - Date of Entry - 12 October 1962

	d.  Item 24a - Net Service this Period - 3 years and 1 day

	e.  Item 25a - Specialty Number and Title - 11B1P -Light Weapons Infantryman [with parachutist qualification];

	f.  Item 26 - Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized - "NON PRCHT BADGE ARMED FORCES EXPEDITIONARY MEDAL  COMBAT INFANTRYMAN BADGE"

	g.  Item 28 - Service Schools - None; and

	h.  Item 29 - Other Service Training - Chemical, Biological and Radiological; Military Justice; Basic Training; Basic Airborne; and Code of Conduct.

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

	a.  Item 22 (Military Occupational Specialties (MOS's) that he was awarded MOS 11B (Light Weapons Infantryman) on 1 March 1963;

	b.  Item 27 (Military Training) blank; and

	c.  Item 41 (Awards and Decorations) "Prcht Badge  SO 16251 Hq USAIC" as lined out. 

6.  Army Regulation 611-201 (Enlisted Career Management Fields and MOS's), as in effect at the time, provided the qualifications for award of MOS's.  The qualifications for award of MOS 11B did not require completion of formal training. Award could have been based on completion of on-the-job training or completion of a skill qualification (SQT) test. 

7.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided for the entry of the Soldier's place of birth in item 5, date of birth in item 6; date of enlistment in item19c, authorized awards in item 26, service schools in item 28, and military training in item 29.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant's place of birth and date of birth were incorrectly entered on his DD Form 214. Therefore, these entries should be corrected on his DD Form 214.

2.  The applicant's enlistment contract shows his date of entry on active duty as 12 October 1962.  His DD Form 214 indicates this same date.  Therefore, his request to change this date to 10 October 1962 should be denied.

3.  The applicant's DA Form 20 shows that the entry for award of the Parachutist Badge was lined out, giving the indication that the awarding of this badge was revoked.  This may be the reason for "NON" showing in Item 26 of his DD form 214.  In view of the conflicting entries, and inconclusive evidence of what entry would be correct, this item should be left as is.

4.  The record is void of evidence showing when, where or how the applicant completed the requirements for award of MOS 11B, as shown on his 
DD Form 214.  Award of MOS 11B did not require completion of a formal training course.  Therefore, it could have been awarded based on completion of on-the-job training or the successful completion of an SQT.  Without documentary evidence showing when and where he had completed a formal advanced infantry training course, his request to show such should be denied.



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 deleting the current entries on his DD Form 214 and adding:

a.  Item 5 - Culver City, CA

b.  Item 6 - 12 June 1945

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 correcting his DD Form 214to change the date of entry, to change the award entry for the Parachutist Badge, or to show he completed a formal Advanced Infantry Training course.



      _________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)                                         AR20100013724



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100013724



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1