IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110004955
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 the Special Forces Tab be added to his 31 May 1981 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states that paragraph 5-30, Army Regulation 672-5-1 (Military Awards), is the authority for the Special Forces Tab.
3. He provides Permanent Order 92-9, dated 27 July 1992.
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 applicants 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 applicants 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 record shows he enlisted in the Army on 26 July 1956. He continued to serve though a series of reenlistments and was honorably retired from active duty in the rank of master sergeant (MSG)/E8 on 31 May 1981.
3. Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) of his DD Form 214 shows his military occupational specialty (MOS) as 31V5S.
4. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 and DD Form 215 (Correction to DD Form 214) does not show the Special Forces Tab.
5. Item 19 (Specialized Training) of his DA Form 2-1 (Personnel Qualification Record) shows skill qualification identifier (SQI) of "S," awarded on 9 January 1964.
6. United States Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS), Fort Bragg, NC, Permanent Orders 92-9, dated 27 July 1992, show he was awarded the Special Forces Tab. The standard name line shows his status as "Retired." The period of service is listed as 27 July 1992.
7. His record is void of any orders or documentation showing that he was recalled to active duty after his retirement in 1981.
8. Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) states that the Special Qualification Identifier (SQI) is the fifth character of the MOS. It identifies special qualifications that a Soldier has such as "S" for Special Forces. The "S" identifies positions which require assignment of personnel who have completed Special Operations specialist MOS training conducted by the USAJFKSWCS.
9. Army Regulation 672-5-1 states that the commander, USAJFKSWC may award the Special Forces Tab to any individual who successfully completed the Special Forces Qualification Course conducted by the Special Forces School of the Special Warfare Center and is awarded the SQI "S" (enlisted personnel) or ASI "5G" (officer personnel).
DISCUSSION AND CONCLUSIONS:
It appears that an error was made in the processing of orders awarding the applicant the Special Forces Tab. The order date and the period of service are dated 9 years after his retirement from active duty. However, his DA Form 2-1 shows he was awarded SQI "S" on 9 January 1964. Additionally, SQI "S" is listed as the fifth character in his MOS on his DD Form 214. Therefore, in the interest of justice he is entitled to correction of his DD Form 214 to show he was awarded the Special Forces Tab.
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 adding to item 13 of his 31 May 1981 DD Form 214 the Special Forces Tab.
_______ _ _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) AR20110004955
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