IN THE CASE OF:	  

		BOARD DATE:  31 May 2012

		DOCKET NUMBER:  AR20110024685 


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 (Certificate of Release or Discharge from Active Duty) as follows:

* Item 1 (Name – Last – First – Middle) to show his middle name as "MACDONALD" instead of "MCDONALD"
* Item 6 (Place of Entry Into Active Duty) to show "Baltimore MEPS (Military Entrance Processing Station), Linthicum Heights, MD" instead of "Linthicum Heights, MD"
* Item 7 (Last Duty Assignment and Major Command) to show "Company A, 2nd Battalion, 504th Parachute Infantry Regiment, FORSCOM (Forces Command)" instead of "Company A, 2nd Battalion, 540th Infantry, FORSCOM"
* Item 11 (Primary Specialty Number, Title and Years) to show "11B1P (Airborne Infantry), 1 year, 4 months, 19 days" instead of "11B1O (Infantryman), 1 year and 2 months"
* Item 12 (Record of Service):

* Item 12a (Date Entered Active Duty (AD) This Period) to show 17 January 1981 instead of 31 March 1981
* Item 12c (Net Active Service This Period) to show completion of 1 year, 8 months, and 19 days instead of 1 year, 5 months, and 2 days
* Item 12f (Foreign Service) to show completion of 2 months and 15 days of foreign service

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show awards of the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Service Ribbon
* Parachutist Badge
* National Defense Service Medal
* Multi-National Force and Observers Medal
* Any other unit awards

2.  The applicant states his DD Form 214 does not accurately reflect his time of service and should have been prepared in accordance with the regulation.

3.  The applicant provides:

* DD Form 214
* Report of Medical History
* Separation orders

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 enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 17 January 1981.  His DD Form 4 (Enlistment/
Reenlistment Document – Armed Forces of the United States) shows in:

* Item 1 (Name – Last – First – Middle) his middle name as "Macdonald" 
* Item 6 (Place of Enlistment) – AFEES (Armed Forces Examining and Entrance Station) – Baltimore, MD"

He authenticated this form and allied documents with his signature using this middle name. 

3.  He was discharged from the USAR (DEP), 2 months and 14 days later, on 30 March 1980.  He enlisted in the Regular Army and entered active duty on 31 March 1981.  The DA Form 2-1 (Personnel Qualification Record) that was created at the time he entered the Army shows the spelling of his middle name as "Macdonald."

4.  On 31 March 1981, AFEES – Baltimore, Linthicum Heights, MD, published Enlistment/Travel Order Number 67-9 ordering him to active duty and assigning him to his training unit. 

5.  He completed basic combat and advanced individual training at Fort Benning, GA, and he was awarded military occupational specialty (MOS) 11B (Infantryman) on 3 June 1981.  

6.  He also attended the Basic Airborne Course from on or about 26 June 1981 to on or about 18 July 1981.  He completed the course and he was subsequently assigned to Company A, 2nd Battalion, 504th Infantry, Fort Bragg, NC, FORSCOM, on or about 18 July 1981.

7.  His records contain several personnel, legal, and medical documents including a record of emergency data, an insurance election certificate, an application for a military identification card, assignment orders, and various other orders that show the spelling of his middle name as "Macdonald."  He authenticated some of these forms, as required, by placing his signature in the appropriate place using this spelling of his middle name.

8.  There is no indication in his service records that he completed any foreign service.  Items 5 (Overseas Service) and 35 (Record of Assignments) of his DA Form 2-1 do not show any foreign service.  Additionally, item 9 (Awards, Decorations, and Campaigns) of this form shows the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification badge with Grenade Bar
* Army Service Ribbon

9.  On 4 June 1982, Headquarters, 82nd Airborne Division, published Orders 108-72 terminating his parachutist duty and withdrawing special qualification identifier "P" (airborne) from his MOS.  The orders, which listed his unit of assignment as Company A, 2nd Battalion, 504th Infantry, stated:

* Individual's Parachutist Badge is revoked
* Individual is no longer authorized to wear the Parachutist Badge
* Individual will immediately remove the Parachutist Badge and insignia from all uniforms
* Individual is a deliberate airborne terminee
* MOS 11B1P is withdrawn and MOS 11B1O is awarded

10.  On 6 July 1982, he departed his unit in an absent without leave (AWOL) status and on 5 August 1982, he was dropped from the Army rolls as a deserter. He returned to military control on 9 August 1982.  

11.  On 24 August 1982, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for being AWOL.  He was reduced to the lowest enlisted grade (private/E-1).

12.  His records show he was frequently counseled by members of his chain of command for various infractions including:

* Multiple instances of failure to report
* Disobeying lawful orders
* Substandard performance

13.  On 15 September 1982, his immediate commander advised him that he intended to recommend that he be discharged from the Army under the provisions of paragraph 5-31 (Expeditious Discharge Program (EDP)) of Army Regulation 635-200 (Personnel Separations) for failure to maintain acceptable standards.  

14.  The applicant acknowledged notification of the proposed discharge action and was advised of the basis for the contemplated separation from the Army under the EDP, the effect on future enlistment in the Army, and of the procedures and rights that were available to him.  He acknowledged he understood that if he did not have sufficient prior service, veterans' benefits normally associated with completion of honorable active service would be affected.  

15.  On 17 September 1982, the applicant's immediate commander recommended the applicant be discharged under the EDP, and on 20 September 1982, the separation authority approved the applicant's discharge and directed that he receive an honorable discharge.  

16.  On 5 October 1982, Headquarters, 82nd Airborne Division, Fort Bragg, NC, published Orders 189-47 ordering his discharge effective 6 October 1982.  The orders listed his unit of assignment as Company A, 2nd Battalion, 504th Infantry. Accordingly, he was discharged on 6 October 1982.  His DD Form 214 shows in:

* Item 1 – his middle name as "MCDONALD"
* Item 6 – "Linthicum Heights, MD"
* Item 7  - "Company A, 2nd Battalion, 540th Infantry, FORSCOM"
* Item 11 – "11B1O, Infantryman, 1 year and 2 months"
* Item 12a – "81  03  31"
* Item 12b (Separation Date This Period) – "82  10  06"
* Item 12c – "01  05  02"
* Item 12e (Total Prior Inactive Service) – "00  02  14"
* Item 12f – "00  00  00"
* Item 13  "Rifle M-16 Expert Badge, Hand Grenade Expert Badge, Army Service Ribbon"
* Item, 29 (Dates of Time Lost During This Period) – "820706 – 820809"  (34 days of lost time)

17.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic combat and advanced individual training.  It is important that information entered on the form should be complete and accurate. Chapter 2 of this regulation states:

* Item 6 shows the place of entry on active duty during the period covered by the DD Form 214
* Item 7 shows the last unit of assignment and major command
* Item 11 shows the titles of all MOS's served for at least 1 year and includes the number of years and months served for each MOS; for time determination, 16 days or more count as 1 month; basic combat and advanced individual training are not counted
* item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214
* item 12b shows the Soldier’s transition date
* item 12c shows the amount of active service this period, computed by subtracting item 12a from 12b, less lost time
* item 12e is obtained from previously-issued DD Forms 214, and shows the total amount of prior active military service less lost time, if any
* Item 13 that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) will be entered on the DD Form 214; each entry will be verified by the Soldier’s records
* Item 29 shows dates of lost time

18.  Army Regulation 600-8-22 provides for the following awards:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  The Multinational Force and Observers Medal was accepted by the President for the U.S. Armed Forces on 28 July 1982.  To qualify for the award, personnel must have served with the Multinational Force and Observers at least 90 days cumulative after 3 August 1981.  Effective 15 March 1985, personnel must serve 6 months (170 days minimum) with the Multinational Force and Observers to qualify for the award.  Periods of service on behalf of the Multinational Force and Observers outside of the Sinai and periods of leave while a member is serving with the Multinational Force and Observers may be counted toward eligibility for the Multinational Force and Observers Medal.  An appropriate numeral starting with numeral 2 will indicate second and subsequent awards for each completed 6-month tour.  If an individual has not completed a cumulative 6-month tour, then he or she is not eligible for award of the Multinational Force and Observers Medal unless the award is to be made posthumously, the member is medically evacuated due to service incurred injuries or serious illness, or the member is withdrawn at the request of the parent government for national service reasons under honorable conditions.  Qualifying time for award of the Multinational Force and Observers Medal may be lost for disciplinary reasons.

	c.  The Parachutist Badge is awarded to individuals who have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.  An award of any combat and special skill badge will be automatically revoked on dismissal, dishonorable discharge, or conviction by court-martial for desertion in wartime.  Any Parachutist Badge may be revoked when the awardee:

		(1 )  is punished under the Uniform Code of Military Justice for refusal to participate in a parachute jump or

		(2)  initiates action which results in termination of airborne status or withdrawal of any 18-series (Special Forces) MOS or specialty skill identifier before he or she completes 36 cumulative months of airborne duty.  Any Parachutist Badge will be retained if the Soldier is unable to complete 36 cumulative months of airborne duty through no fault of his or her own, for example, injury or reassignment under favorable conditions.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his middle name, the evidence of record shows the applicant used the spelling of his middle name as "Macdonald" upon his enlistment in the Army.  This spelling of his middle name is consistent with the middle name on all official military records throughout his military service.  He authenticated several forms that contain this spelling of his middle name.  It appears when his DD Form 214 was prepared, it inadvertently listed his middle name as "Mcdonald."  Therefore, he is entitled to correction of his DD Form 214 to show the correct middle name.

2.  With respect to the place of entry on active duty, the evidence of record shows the applicant enlisted in the Regular Army and entered active duty at the Baltimore AFEES (later renamed MEPS).  The MEPS was located in Linthicum Heights, MD.  His DD Form 214 correctly listed the place of entry on active duty and there is no reason to change it.

3.  With respect to his last unit of assignment, the applicant was assigned to the 2nd Battalion of the 504th Infantry, as evidenced on multiple documents in his records.  The correct nomenclature of this unit is "2nd Battalion, 504th Infantry." His DD Form 214 inadvertently listed this unit as "540th Infantry" instead of "504th Infantry."  He should be entitled to correction of his DD Form 214 to show the correct unit as the 504th Infantry. 

4.  With respect to the specialty, the applicant was awarded MOS 11B on 3 June 1981 and he then attended the Airborne Course from on or about 26 June 1981 to on or about 18 July 1981.  Although he completed 1 years, 5 months, and 2 days creditable active service, he only gets credit for 1 year and 2 months in MOS 11B because basic combat and advanced individual training are not counted when determining his length of service in each MOS.  Additionally, he did not hold 11B1P at the time of separation because MOS 11B1P was withdrawn after his airborne status was terminated. 

5.  With respect to his record of service:

	a.  The applicant enlisted in the DEP on 17 January 1981.  Although DEP time counted as inactive duty prior to 1985, it is not active duty time.  His DEP time is correctly annotated in item 12e of his DD Form 214. 

	b.  He enlisted in the Regular Army and entered active duty on 31 March 1981, which is correctly annotated in item 12a of his DD Form 214.  He was discharged on 6 October 1982 which is also annotated correctly in item 12b of his DD Form 214

	c.  His net active service (computed by subtracting item 12a from 12b) is 1 year, 6 months, and 6 days of active service.  However, he also had 34 days of lost time which when subtracted from his total active service equals 1 year, 5 months, and 2 days.  This period of service is correctly annotated in item 12c of his DD Form 214.

	d.  There is no evidence in his records and he failed to provide any evidence that shows he completed any period of foreign service.  As such, item 12f of his DD Form 214 correctly credited him with no foreign service.

6.  With respect to the awards and decorations:

	a.  His DD Form 214 already listed awards of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Grenade Bar, and Army Service Ribbon.  

	b.  The National Defense Service Medal was not authorized during his period of service and he did not perform any other service during a qualifying period for this award.  Therefore, he is not entitled to it. 

	c.  The applicant completed the Basic Airborne Course in or around June 1981.  However, upon assignment to Fort Bragg, official orders were issued to withdraw this badge.  The Parachutist Badge is an individual award which may be revoked or withdrawn by appropriate officials.  Headquarters, 82nd Airborne Division, published official orders terminating his parachutist duty and withdrew special qualification identifier "P" (airborne) from his MOS.  The orders revoked his Parachutist Badge and he was no longer authorized to wear it.

	d.  In order to qualify for award of the Multinational Force and Observers Medal, personnel must have served with the Multinational Force and Observers at least 90 days cumulative after 3 August 1981.  There is no evidence the applicant served a qualifying period for this award.  






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 from item 1 of his DD Form 214 the middle name "MCDONALD" and adding the middle name "MACDONALD"
* deleting from item 7 the entry "CO A, 2nd BN, 540th INF, FORSCOM, FC" and adding the entry "CO A, 2nd BN, 504th INF, FORSCOM, FC"

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:  

* Item 6 to show "Baltimore MEPS, Linthicum Heights, MD" 
* Item 11 to show "11B1P (Airborne Infantry), 1 year, 4 months, 19 days"
* Item 12a to show 17 January 1981
* Item 12c to show completion of 1 year, 8 months, and 19 days
* Item 12f to show completion of 2 months and 15 days of foreign service
* Item 13 to show awards of the Parachutist Badge, National Defense Service Medal, Multi-National Force and Observers Medal, and/or any other unit awards



      __________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)                                         AR20110024685



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ABCMR Record of Proceedings (cont)                                         AR20110024685



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