IN THE CASE OF:	  

		BOARD DATE:	    30 August 2012

		DOCKET NUMBER:  AR20120004037 


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 add:

	a.  infantry training/qualifications to item 23a (Specialty Number and Title);

	b.  weapons qualifications to include the M-14 rifle, M-16 rifle, M-60 machine gun, .45 caliber pistol, M-79 grenade launcher, hand grenade, and .50 caliber machine gun to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized); and

	c.  completion of advanced individual training (AIT); Code of Conduct; first aid; physical training; hand-to-hand combat; chemical, biological and radiological training; bayonet training and assault course; drill and ceremony; target detection; train fire; field firing; individual tactical training; confidence course; infiltration course; techniques of fire; close combat; night fire and vision; and physical combat proficiency test to item 25 (Education and Training Completed).

2.  The applicant states the training and qualifications received during his military service should be recorded on his DD Form 214.

3.  The applicant provides:

* document cover titled, "United States Army Training Center, Infantry, Fort Jackson, South Carolina, Company F, Tenth Battalion, Second Brigade"
* page 3 of his DA Form 20 (Enlisted Qualification Record)

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 Regular Army on 8 September 1966 for a period of 3 years.  He completed training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman) and later MOS 72C (switchboard operator).  He served in Vietnam from 21 February 1967 to 12 May 1969.  On 14 May 1969, he was honorably 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 23a the entry "72C4O Swbd Oper [switchboard operator]."

	b.  item 24 the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal with Device (1960) (VCM), four overseas service bars, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); and

	c.  item 25 the entry "NONE."

4.  Since his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), this portion of his request will not be discussed further in this Record of Proceedings.

5.  His DA Form 20 shows he completed AIT for MOS 11B at Fort Jackson in February 1967.

6.  Item 27 (Military Education) of his DA Form 20 is blank.

7.  Item 28 (Specialized Training) of his DA Form 20 shows he completed Code of Conduct training on 30 September 1966.

8.  Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified as:

* Marksman with the M-14 rifle in 1966
* Marksman with the M-16 rifle in 1966

9.  Headquarters, 3d Training Brigade, Fort Jackson, Special Orders Number 10, dated 20 January 1967, show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  There is no evidence which shows he received any other marksmanship qualification badges.

11.  There is no evidence that shows he completed training in first aid, physical training, hand-to-hand combat; chemical, biological and radiological training; bayonet training and assault course; drill and ceremony; target detection; train fire; field firing; individual tactical training; confidence course; infiltration course; techniques of fire; close combat; night fire and vision; or a physical combat proficiency test.

12.  A DD Form 215 (Correction to DD Form 214), dated 6 May 2008, amended his DD Form 214 by:

   a.  adding "11B1O LIGHT WEAPONS INFANTRY" to item 23a. 
   
   b.  deleting the entries "VSM" and "VCM" and adding the Vietnam Service Medal with one silver service star and two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation with First Oak Leaf Cluster, and Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge to item 24. 
   
13.  Since item 23a of his DD Form 214 was amended to show the entry "11B1O LIGHT WEAPONS INFANTRY," this portion of the applicant's request (infantry training/qualifications added to item 23a) will not be discussed further in this Record of Proceedings.

14.  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.
15.  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.  Orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show this badge.

2.  There is no evidence of record and the applicant did not provide any evidence that shows he received a marksmanship qualification badge for the M-60 machine gun, .45 caliber pistol, M-79 grenade launcher, hand grenade, or .50 caliber machine gun.  Therefore, there is insufficient evidence on which to add any additional marksmanship qualification badges to his DD Form 214.

3.  The evidence shows he completed AIT in MOS 11B in February 1967.  Therefore, item 25 of his DD Form 214 should be corrected to show this training.

4.  His request to add the various other training courses to his DD Form 214 was noted.  However, these training courses are the core curriculum of basic combat training (BCT) and AIT for MOS 11B.  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.  Since BCT is not required to be shown on the DD Form 214, there is insufficient evidence on which to add the specific training courses to his 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 the evidence presented is 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.  adding the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) to item 24 of his DD Form 214 and

	b. adding the entry "Advanced Individual Training, Fort Jackson, SC, February 1967, 11B Light Weapons Infantryman" to item 25 of his DD Form 214.

2.  The Board further determined 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 adding any other marksmanship qualification badges to or any other training to his 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)                                         AR20120004037



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ABCMR Record of Proceedings (cont)                                         AR20120004037



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