IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120001544
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:
a. the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) be added to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge);
b. item 25 (Education and Training Completed) of his DD Form 214 be corrected to show he completed the 7th Army Noncommissioned Officer (NCO) Academy; and
c. item 26a (Non-Pay Periods/Time Lost) be corrected to show his lost time was 29 January 1969 to 16 October 1969.
2. The applicant states he recently obtained his DA Form 20 (Enlisted Qualification Record) and Academic Report and these documents accurately reflect information omitted or reported incorrectly on his DD Form 214.
3. The applicant provides:
* Academic Report
* DA Form 20
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 enlisted in the Regular Army on 25 February 1966 for a period of 3 years. He completed his training and was awarded military occupational specialty 76Q (Repair Parts Specialist). On 12 November 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 shows in:
a. item 24 the National Defense Service Medal, Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
b. item 25 the entry "NA" (Not Applicable).
c. item 26a the entry "Total Days Lost 261 29 Jan 68 (January 1968) - 16 Oct 69 (October 1969)."
4. Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified expert with the M-14 rifle in 1968.
5. Item 27 (Military Education) of his DA Form 20 shows he completed the
4-week NCO Academy in 1968.
6. He provided an Academic Report, dated 17 May 1968, which shows he completed the NCO Academy and the duration of this course was 22 April 1968 to 17 May 1968.
7. Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) of his DA Form 20 shows he was confined from 29 January 1969 to 16 October 1969, for a total of 261 days.
8. 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 regulation in effect at the time provided that item 25 would list service schools, including major courses that were successfully completed, and military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The entry in item 29 of the applicant's DA Form 20 which shows he qualified expert with the M-14 rifle in 1968 is accepted as sufficient evidence on which to add the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) to item 24 of his DD Form 214.
2. The evidence shows he completed the NCO Academy in 1968. Therefore, item 25 of his DD Form 214 should be corrected to show this course.
3. Evidence shows he had 261 days of lost time from the period 29 January 1969 to 16 October 1969 which totals 261 days. Therefore, the entry in item 44 of his DA Form 20 which shows his confinement (lost time) began on 29 January 1969 is accepted as sufficient evidence on which to amend item 26a of his
DD Form 214.
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:
a. adding the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) to item 24 of his DD Form 214;
b. deleting the entry "NA" in item 25 of his DD Form 214 and adding the NCO Academy;" and
c. deleting the entry "29 Jan 68" in item 26a of his DD Form 214 and replacing it with the entry "29 Jan 69."
__________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) AR20120001544
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001544
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