IN THE CASE OF:	  

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100018600 


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 18 October 1965 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in items:

* 3a (Grade, Rate or Rank) and 3b (Date of Rank) he was promoted to specialist four (SP4)/E-4 
* 10a (Highest Civilian Education Level Attained) he completed general equivalency development (GED) courses at Fort Eustis, VA
* 12 (Last Duty Assignment and Major Command) his last duty assignment was the 1099th Transportation Company 
* 13b (Type of Certificate Issued) the certificate he was issued 
* 18 (Terminal Date or Reserve Obligation) his correct Reserve obligation date
* 19a (Current Active Service Other Than by Induction) he enlisted with prior service
* 19c (Date of Entry) his correct entry date
* 20 (Prior Regular Enlistments) he had prior Regular Army enlistments 
* 25a (Specialty Number and Title) and 25b (Related Civilian Occupation and D.O.T. Number) received certification for military occupational specialty (MOS) number 760.00 (Supply Clerk)  
* 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) an unspecified award for receiving the maximum of 500 points on his Army Physical Fitness Test 


(APFT) and marksmanship badges for qualification as expert with the M-1 rifle and sharpshooter with the carbine
* 28a (School or Course), 28b (Dates), and 28c (Major Courses) courses he completed
* 29 (Other Service Training Courses Successfully Completed) he completed advanced individual training (AIT) and supply management courses at Fort Jackson, SC
* 30a (Government Life Insurance in Force) he has Government Life Insurance

2.  He states his last duty station was the 1099th Transportation Company, Fort Eustis, VA and he:

* was assigned to the 329th Transportation Company during the remaining 28 days prior to his expiration term of service
* completed AIT 
* never qualified with the M-14 rifle
* received two honorable discharges from the Regular Army in October 1962 and October 1965

3.  He provides no additional documents.  

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 9 August 1962.  His DD Form 47 (Record of Induction) shows he completed 9 years of civilian education.  


3.  Special Orders Number 142, dated 5 October 1962, show he qualified as sharpshooter with the M-1 rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with the M-1 Rifle Bar.  

4.  He was discharged on 18 October 1962 for immediate enlistment in the Regular Army.  

5.  He enlisted in the Regular Army on 19 October 1962 for a period of 3 years.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he completed 1 year of high school.  He completed AIT at the U.S. Army Training Center, Fort Jackson, SC and was awarded MOS 760.00, which was later converted to 76A.  

6.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or Ordered to Active Duty) he enlisted in the Regular Army on 19 October 1962
* Item 22 (MOSs) he was awarded MOS 76A1O (Supply Clerk) on 30 November 1962
* Item 27 (Military Education) he completed 6 weeks of training in the General Supply Course (MOS code 76A1O) in 1962
* Item 29 (Qualifications in Arms) he qualified as sharpshooter with the 
   M-14 rifle on 20 September 1962
* Item 32 (Civilian Education) he completed 1 year of high school
* Item 33 (Appointments and Reductions) was promoted to private first class (PFC)/E-3 on 8 April 1963
* Item 38 (Record of Assignments) he was assigned to:

* 1099th Transportation Company from 1 March 1963 through 25 June 1964 
* Headquarters and Headquarters Company Special Troops from 26 June 1964 through 25 March 1965
* 1099th Transportation Company from 26 March 1965 through 27 August 1965
* 329th Transportation Company from 28 August 1965 through 17 October 1965

* Item 41 (Awards and Decorations) he was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar on 5 October 1962.  



7.  The following orders in his service personnel record show:  

ORDER NUMBER
DATE
ACTION
Special Orders Number 301
5 December 1962
awarded and designated primary MOS 760.00
Special Orders Number 27
28 February 1963
reassigned to the 1099th Transportation Company on 1 March 1963 in MOS 760.00
Unit Orders Number 11
8 April 1963
appointed to the permanent grade of PFC/E-3
Special Orders Number 176
7 October 1963
qualified as sharpshooter with the .30 caliber carbine and was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar
Special Orders Number 90
19 May 1964
qualified as expert with the .30 caliber carbine and was awarded the Expert Marksmanship Qualification Badge with Carbine Bar
Special Orders Number 136
24 June 1964
reassigned to Headquarters and Headquarters Company Special Troops on 26 June 1964
Special Orders Number 211
5 October 1965
was assigned to the 329th Transportation Company at the time he was released from active duty on 18 October 1965 in the rank of PFC
Unit Orders Number 59
14 October 1965
reduced from PFC to private/E-2, effective 14 October 1965 by reason of misconduct under Article 15, Uniform Code of Military Justice
8.  His service record doesn’t include orders or any evidence which show he was promoted to SP4 prior to his separation.

9.  His 18 October 1965 DD Form 214 shows in item(s):  

* 3a and 3b - rank and pay grade of private/E-2 
* 10a - 1 year of high school
* 12 - 2nd U.S. Army, 329th Transportation Company, Fort Eustis, VA
* 13a (Character of Service) - “HONORABLE”
* 13b - “NONE”  


* 18 - 8 August 1968
* 19a - Enlisted (first enlistment)
* 19c -19 October 1962
* 20 - “None” 
* 25a - 76A1O - Supply Clerk 
* 25b - Stock Clerk
* Item 26 - Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* 28a - “NONE”
* 28b - “NA”
* 28c - “NA”
* 29 - “NONE”
* 30a - “NO”  

10.  On 19 October 1965, he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  

11.  He was issued a DD Form 215 (Correction to DD Form 214), dated 13 June 1984, which amended his 18 October 1965 DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Expert Marksmanship Qualification Badge with Carbine Bar.  

12.  References:

	a.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version, in effect at the time, stated:

   (1)  Item 3a - the grade which the individual served at the time of separation, indicating whether permanent or temporary.

		(2)  Item 10a - the highest civilian education level attained would be entered from DA Form 20.

		(3)  Item 12 – enter the individual’s current unit of assignment and the title of the major command or agency having jurisdiction over that organization.

		(4)  Item 13b – enter the form number of the certificate issued (e.g., “DD Form 256A”).


		(5)  Item 18 - if the individual incurred a service obligation under Title 10, U.S. Code, subsection 651a or was being transferred or returned to the Army Reserve for the purpose of satisfying the obligation, enter the date (day, month, and year) such service obligation should terminate.

		(6)  Item 19a - check appropriate space to indicate means of entry on current active service.

		(7)  Item 19c - enter date entered on active duty or date enlistment or reenlistments accomplished.  If the service record of an enlisted member of the Regular Army indicated that he was discharged from previous enlistment or enlistments and immediately reenlisted without being furnished a DD Form 214, the date to be entered in this item would be the earliest date not previously covered by a DD Form 214.

		(8)  Item 20 – enter the number of prior Regular Army enlistments the individual had completed.

		(9)  Items 25a and b – enter primary MOS code number and title.  If the specialty represented by the MOS had a related civilian occupation, enter appropriate job title and code number from the dictionary or occupational titles.

		(10)  Item 26 – enter decorations, etc., awarded or authorized during period covered by the DD Form 214.

		(11)  Item 28 – enter service schools, including dates and major courses which were successfully completed.  

		(12)  Item 29 – enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person had completed successfully during the period covered by the DD Form 214 being prepared.  

		(13)  Item 30a – if the individual had government life insurance, enter an 
X in the “Yes” block.  If the individual had indemnity protection only, enter an X in the “No” block.  

   b.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), chapter 2, paragraph 2-1 states that the statutory military service obligation (MSO) is incurred on initial entry into the Armed Forces whether by induction, enlistment, or appointment.  It states that on and after 1 June 1984, all Soldiers incurred an 8-year statutory MSO.  Prior to 1 June 1984, all personnel incurred a 6-year statutory obligation on initial entry into the Armed Forces.
   
   c.  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.  
   
d.  Department of the Army Pamphlet 350-38 (Standards in Training 
Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.
   
   e.  Army Regulation 600-8-22 states the Physical Fitness Badge was established by the Secretary of the Army on 25 June 1986.  Effective 1 October 1986, the badge is awarded to Soldiers who obtained a minimum score of 290 on the Army Physical Fitness Test (APFT) and meet the weight control requirements in Army Regulation 600-9 (Weight Control Program).  Once the badge is awarded, it may be retained as long as a minimum passing score is achieved on subsequent APFTs and the weight control requirements are met.  The DA Form 705 (Army Physical Readiness Test Scorecard) will be used to document a Soldier's entitlement to wear the badge.  Permanent Orders are not required for award of the Physical Fitness Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to PFC/E-3 on 8 April 1963 and served in this grade until he was reduced to private/E-2 on 14 October 1965.  His service record is void of evidence which shows he was ever promoted to SP4 prior to his separation on 18 October 1965.  Therefore, there is no basis for amending items 3a and 3b on his 18 October 1965 DD Form 214 to show he was promoted to SP4/E-4.  

2.  His DA Form 20 shows he completed 1 year of high school.  His service record is void of evidence and he has not provided any evidence which shows he completed GED courses at Fort Eustis, VA prior to his separation.  Therefore, there is no basis for correcting item 10a on his 18 October 1965 DD Form 214 to show he completed GED courses or received a GED diploma prior to his separation.  

3.  The evidence of record shows he was assigned to the 1099th Transportation Company from 1 March 1963 through 25 June 1964 and 26 March 1965 through 27 August 1965.  On 28 August 1965, he was reassigned to the
329th Transportation Company and was assigned to this company when he was separated.  Therefore, item 12 on his 18 October 1965 DD Form 214 correctly shows his last duty assignment as the 329th Transportation Company of the 2nd U.S. Army.  

4.  He was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 18 October 1965 with an honorable characterization of service.  His 18 October 1965 DD Form 214 does not reflect the type of certificate he was issued because he was not discharged from the Army until he completed his Reserve service obligation in 1968.  Therefore, it would not be appropriate to amend item 13b of his DD Form 214 to show he was issued a DD Form 256A (Honorable Discharge Certificate) at the time of his release from active duty to the USAR.

5.  He initially entered the Army on 9 August 1962 and incurred a 6-year statutory MSO (8 August 1968).  Therefore, item 18 of his 18 October 1965 DD Form 214 properly reflects the correct Reserve obligation termination date of 8 August 1968.

6.  The evidence of record shows his initial entry into the Armed Forces was by induction on 9 August 1962.  He enlisted in the Regular Army on 19 October 1962 and item 19a of his 18 October 1965 DD Form 214 properly reflects he entered this period of active service by enlistment (first enlistment).  Therefore, there is no basis for amending item 19a of this discharge document to show he enlisted with prior service.  Additionally, item 19c properly reflects his entry date of 19 October 1962 and item 20 properly reflects no prior Regular enlistments.  

7.  Special orders published on 5 December 1962 show he was awarded and designated specialty number 760.00 (Supply Clerk).  At that time, the Army used numeric codes to denote specialties.  However, during his period of active service, the Army changed the codes from numeric only to numeric and alphabetic codes.  At the time of his discharge on 18 October 1965, his specialty number had changed from 760.00 to 76A.  Therefore, there is no basis for amending items 25a or 25b of his 18 October 1965 DD Form 214.  


8.  His statement that he received an award for receiving the maximum of 500 points on the APFT is acknowledged.  However, the Physical Fitness Badge was not established by the Secretary of the Army until 25 June 1986, which is after his period of active service.  Therefore, there is no basis for entering an unspecified award in item 26 of his 18 October 1965 DD Form 214.  

9.  Special orders published on 5 October 1962 show he qualified as sharpshooter with the M-1 rifle and he was awarded the Sharpshooter Marksmanship Qualification Badge with the M-1 Rifle Bar on 20 September 1962.

10.  Special orders published on 7 October 1963 show he qualified as sharpshooter with the .30 caliber carbine and was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  Special orders show he qualified as expert with the carbine on 19 May 1964 and was awarded the Expert Marksmanship Qualification Badge with Carbine Bar.  Based on regulatory guidance, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.  The applicant’s most recent qualification was expert with the carbine.  

11.  His contention that he never qualified with the M-14 rifle is acknowledged.  It appears his DA Form 20 erroneously reflects he qualified as sharpshooter with the M-14 rifle instead of with the M-1 rifle.  His records do not contain any orders which show he qualified as sharpshooter with the M-14 rifle or was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.  

12.  He was issued a DD Form 215, dated 13 June 1984, which amended item 26 of his 18 October 1965 DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Carbine Bar.  

13.  His DA Form 20 shows he completed 6 weeks of training in the General Supply Course (MOS code 76A1O) at Fort Jackson, SC from on or about
19 October 1962 to on or about 30 November 1962.  His service record is void of evidence which shows he completed any additional training courses.  Therefore, it would be appropriate amend item 28 of his 18 October 1965 DD Form 214 to show the entry “U.S. Army Training Center, Fort Jackson, SC; 19 October - 
30 November 1962; General Supply.”

14.  His service record is void of evidence which shows he completed any other training courses (qualification courses), military correspondence courses, or
off-duty courses.  Therefore, there is no basis for amending item 29 of his 18 October 1965 DD Form 214.  
15.  His service record is void of evidence which indicates he had Government Life Insurance in Force at the time of his separation.  Therefore, there is insufficient evidence on which to correct item 30a of his 18 October 1965 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.  deleting from item 28a, the entry "None" and replacing it with the entry "U.S. Army Training Center, Fort Jackson, SC";

	b.  deleting from item 28b the entry "NA" and replacing it with the entry 
19 October - 30 November 1962"; and

	c.  deleting from item 28c the entry "NA" and replacing it with the entry "General Supply."

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 items 3a, 10a, 12, 13b, 18, 19a, 19c, 20, 25a, 26, 29, and 30a of his 18 October 1965 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)                                         AR20100018600



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ABCMR Record of Proceedings (cont)                                         AR20100018600



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