IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015427 


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 the following:

* Unspecified rank at the time of his discharge
* Badges for qualification with the M-14 and M-16 rifles
* Unspecified 5-week course completed in Germany
* Military occupational specialty (MOS) as 63H2O (Engineer Power Train Repairman)

2.  He states, in effect, he was the victim of identity theft.

3.  He provides no additional documents in support of his application.  

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 was inducted into the Army of the United States on 17 January 1968 and he was discharged on 22 January 1968 for the purpose of enlistment in the Regular Army (RA).  He enlisted in the RA on 23 January 1968.  In March 1968, he completed basic combat training at Fort Bragg, NC.  

3.  Special Orders Number 67, issued by Headquarters, U.S. Army Training Center, Fort Bragg, dated 7 March 1968, shows he qualified as an Expert with the M-14 rifle and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar [M-14].

4.  He completed advanced individual training at Aberdeen Proving Ground, MD.  Special Orders Number 140, issued by the U.S. Army Ordnance Center, Aberdeen Proving Ground, dated 28 June 1968, shows he was awarded MOS 63H2O, effective 12 July 1968.  

5.  He served in Germany from 11 August 1968 to 12 January 1971.   

6.  Special Orders Number 21, issued by Headquarters, 2nd Support Battalion (Germany). dated 24 January 1969, shows he again qualified as an Expert with the M-14 rifle and he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar [M-14].  

7.  Special Orders Number 138, issued by Headquarters, Corps Support Command (Germany), dated 28 May 1970, shows he was promoted to the rank/grade of specialist five (SP5)/E-5 in MOS 63H2O, effective 24 May 1970.  

8.  His DA Form 20 (Enlisted Qualification Record) shows the following:

* Item 22 (MOS) shows he was awarded MOS 63H2O on 12 July 1968
* Item 27 (Military Education) only shows he completed 14 weeks of training as an engineer power train repairman
* Item 29 (Qualification in Arms) shows he qualified as an Expert with the M-14 rifle
* Item 33 (Appointments and Reductions) shows his highest rank/grade as SP5/E-5,  effective 24 May 1970


9.  His service record does not indicate the following:

* he was promoted above the rank of SP5
* he qualified with the M-16 rifle or he was awarded a marksmanship badge for qualification with M-16 rifle
* he completed a 5-week training course in Germany

10.  He was released from active duty on 13 January 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  His DD Form 214 shows the following:

* Items 5a (Grade, Rate, or Rank) and 5b (Pay Grade) show his rank and  pay grade as SP5 and E-5, respectively
* Item 23a (Specialty Number and Title) shows his specialty number as 63H2O and title as Engineer Power Train Repairman
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar [M-14]
* Item 25 (Education and Training Completed) shows he completed the following training:

* "ATP 21-114" (Basic Combat Training)
* Engineer Powertrain Repairman, 63H2O, 14 WKS, 68
* Basic Military Justice
* CBR [Chemical, Biological, and Radiological] Training
* Code of Conduct
* Geneva Convention

11.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of a 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.  The version in effect at the time directed:

   a.  The grade in which enlisted personnel served at the time of separation would be entered in item 5a and pay grade in item 5b.

   b.  The primary MOS code number and title would be entered in item 23a.  


   c.  Item 25 (Education and Training Completed) would list service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant’s contention in regard to an identity theft.

2.  Orders confirm he was promoted to SP5/E-5 on 24 May 1970 and he held this rank until he was separated on 13 January 1971.  His service record does not indicate he was promoted above the rank of SP5 prior to his separation.  Therefore, his DD Form 214 shows the appropriate rank/grade of SP5/E-5.

3.  Evidence of record shows he qualified as an Expert with the M-14 rifle and he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar
[M-14].  This badge is properly recorded in item 24 on his DD Form 214.  

4.  His service record is void of orders which show he was awarded a marksmanship badge for qualification with the M-16 rifle.  No evidence is available which shows he qualified with the M-16 rifle.  Therefore, there is no basis for granting this portion of the applicant's request.

5.  His request for correction of his DD Form 214 to show he completed a 5-week course in Germany is acknowledged.  However, it cannot be determined the specific course he desires to be added to his DD Form 214.  Therefore, there is insufficient evidence in which to base correction of his DD 214 to include a 
5-week course.  

6.  He completed training as an Engineer Power Train Repairman and he was awarded MOS 63H2O.  This MOS is properly recorded in item 23a of his DD Form 214.  Therefore, there is no correction to be made on this issue.


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)                                         AR20100015427



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ABCMR Record of Proceedings (cont)                                         AR20100015427



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