IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100018500 


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 his rank/grade was sergeant (SGT)/E-5, he completed the sentry dog handler course and truck driving school, and he qualified with the pistol.

2.  The applicant states his DD Form 214 is incorrect because these items were omitted from the document.

3.  The applicant provides no additional documentary evidence 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
21 September 1970 for a period of 2 years.

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

   a.  item 22 (Military Occupational Specialties [MOS]) he was awarded MOS 13A1O (Field Artillery Basic) as his primary MOS on 12 February 1971 and MOS 95B2O (Military Policeman) as his secondary MOS on 26 August 1971;

   b.  item 27 (Military Education) he completed the 8-week Field Artillery Basic course for MOS 13A1O at Fort Sill, OK in 1971;

   c.  item 31 (Foreign Service) he was assigned overseas to Korea on 8 March 1971;

   d.  item 33 (Appointments and Reductions) the highest rank/grade he was advanced to was specialist four (SP4)/E-4 on 26 August 1971 per Special Orders Number 83, issued by Headquarters, 6th Ordnance Battalion (Ammunition) (Direct Support/General Support), dated 1971;

	e.  item 38 (Record of Assignments) he was assigned to the 110th Military Police (MP) Company (Korea), from 12 March 1971 through 30 March 1972
as a security guard in duty MOS 95B1O; and

   f.  item 41 (Awards and Decorations) the National Defense Service Medal, Armed Forces Expeditionary Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.45 caliber) Bars.
   
4.  Special Orders Number 36, issued by Headquarters, 10th Ordnance Battalion (Ammunition) (Direct Support/General Support) (Provisional), dated 8 April 1971, awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar.

5.  Special Orders Number 83, issued by Headquarters, 6th Ordnance Battalion (Ammunition) (Direct Support/General Support), dated 30 August 1971, advanced the applicant to SP4/E-4 in MOS 95B2O, effective 26 August 1971.

6.  A DA Form 87 (Certificate of Training) shows the applicant successfully completed the 4-week Sentry Dog Handlers Course, Number 10-71.  The certificate was issued at the 820th MP Platoon (Dog) in Korea.


7.  Special Orders Number 91, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 31 March 1972, released the applicant from active duty effective 1 April 1972 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  The standard name line of the orders show the applicant's rank was "SP4."

8.  The applicant's DD Form 214 shows he was honorably released from active duty on 1 April 1972 and he was transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  At the time he had completed 1 year, 6 months, and 11 days of total active service with 1 year and 24 days of foreign service.  It also shows in:

   a.  item 5a (Grade, Rate or Rank) and item 5b (Pay Grade) his rank/grade "SP4" and "E-4," respectively;

   b.  item 6 (Date of Rank) the entry "26 Aug 71" (i.e., 26 August 1971);

   c.  item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Armed Forces Expeditionary Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar; and

   d.  item 25 (Education and Training Completed) the 8-week Field Artillery Basic course at Fort Sill, OK.

9.  There is no evidence the applicant was promoted to SGT/E-5.

10.  There is no evidence the applicant completed a truck driver training course.

11.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

12.  Special Orders Number 320, issued by Headquarters, U.S Army Training Center, Infantry, Fort Dix, NJ, dated 16 November 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

13.  There is no evidence that the applicant was awarded the first award of the Army Good Conduct Medal.

   a.  His records do not contain any adverse information;

   b.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service;

   c.  A DA Form 137 (Installation Clearance Record), dated 30 March 1972, shows the applicant's commanding officer rated his conduct and efficiency as "excellent"; and

   d.  There is no evidence that his commander denied him award of the Army Good Conduct Medal.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

15.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was advanced to SP4/E-4 on
26 August 1971.  There is no evidence of record and the applicant did not provide any evidence that shows he was promoted to SGT/E-5 during his period of active service.  Therefore, he is not entitled to correction of the rank, grade, or date of rank that are shown on his DD Form 214.

2.  There is no evidence of record that shows the applicant completed a truck driver training course.  Therefore, he is not entitled to correction of his DD Form 214 to show he completed such training.

3.  The evidence of record shows the applicant successfully completed a 4-week Sentry Dog Handlers Course in 1971.  Therefore, his DD Form 214 should be corrected to show this completed training.

4.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar and the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, his DD Form 214 should be corrected to show these qualification badges.

5.  The applicant served on active duty during a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this service medal.

6.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 21 September 1970 to 1 April 1972.  Therefore, he should be awarded the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

7.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his authorized awards and military training as recommended below.

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 (1st Award) for the period 21 September 1970 through 1 April 1972;

	b.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar; and
	c.  adding to item 25 of his DD Form 214 the entry "Sentry Dog Handlers Course, 4 Weeks, 1971."
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 214 to show his rank/grade and SGT/E-5 and completion of a truck driving school/
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)                                         AR20100017793



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ABCMR Record of Proceedings (cont)                                         AR20100018500



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