IN THE CASE OF:	  

		BOARD DATE:  18 September 2012

		DOCKET NUMBER:  AR20120005371 


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) as follows:

* item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) to show 18B (Special Operations Weapons Sergeant)
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to show the Special Forces Tab and Canadian Airborne Parachutist Badge
* item 14 (Military Education) to show the Nuclear, Biological, and Chemical (NBC) Noncommissioned Officer (NCO) Course; Special Operations Training Course; Jumpmaster Course; and Special Forces Qualification Course

2.  The applicant states he was not present when his DD Form 214 was prepared.  These are the schools he attended and he earned the Special Forces Tab.

3.  The applicant provides:

* list of military schools he attended
* DA Form 1059 (Service School Academic Evaluation Report) for the Special Forces Qualification Course
* two primary military occupational specialty (MOS) orders
* sergeant/pay grade E-5 promotion orders
* Basic German Language Course, Special Operations Training, NBC NCO Course, and Jumpmaster Course completion certificates
* Canadian Parachutist Badge certificate
* DA Form 2-1 (Personnel Qualification Record – Part II), Section VII (Current and Previous Assignments)
* 1-page listing of service schools attended and military occupational history
* DD Form 214

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's military records show he enlisted in the Regular Army in pay grade E-2 on 1 August 1978.  He completed advanced individual training and was awarded MOS 11C (Indirect Fire Infantryman) on 6 November 1978.

3.  He attended the Special Forces Qualification Course from 30 April to 25 May 1979 and completed the course on 25 May 1979.

4.  He attended the Basic German Language Course from 1 October to 19 December 1980 and completed the course on 19 December 1980.

5.  He also completed Special Operations Training on 11 September 1981.

6.  Orders 36-132 issued by Headquarters, Fort Devens, MA, dated 23 February 1982, awarded him secondary MOS 11B (Infantryman) with an effective date of 23 February 1982.

7.  He also completed the 80-hour NBC NCO Course on 11 March 1983 and the Jumpmaster Course on 1 April 1983.

8.  Orders 216-105 issued by Headquarters, 172nd Infantry Brigade, Fort Wainwright, AK, dated 15 October 1984, withdrew primary MOS 11C and awarded him primary MOS 18B with an effective date of 1 September 1984.

9.  He was awarded the Canadian Parachutist Badge on 26 October 1984.

10.  He was promoted to pay grade E-6 in primary MOS 18B effective 10 May 1985 with a date of rank of 1 January 1985.

11.  He was honorably retired in pay grade E-6 on 1 April 1987 and placed on the Temporary Disability Retired List (TDRL).  His DD Form 214 lists the following:

* item 11 – 11C3P Indirect Fire Infantryman/Parachutist/8 Years and 5 Months//11B3O Infantryman/5 Years and 1 Month//Nothing Follows
* item13 – does not list the Special Forces Tab
* item 14 – NCO Education System Basic Course – 4 Weeks (1981)//Basic German Language Course – 10 Weeks (1980)//Nothing Follows

12.  Item 35 of his DA Form 2-1 shows he served in MOS 11C from 1978 through November 1986.

13.  The 1-page service school document he provided shows he served in MOS 18B from 11 January 1985 through 4 March 1987.

14.  The 1-page service school document and item 17 of his DA Form 2-1 show he completed the following training:

* Special Forces Qualification Course – 16 weeks – 1979
* Special Operations Training – 3 weeks – 1981
* Jumpmaster Course – 3 weeks – 1983
* NBC NCO Course – 2 weeks – 1983

15.  He was removed from the TDRL and permanently retired on 7 December 1988.

16.  Army Regulation 600-8-22 (Military Awards) states the Special Forces Tab may be awarded to any person in the Active Army or an active Reserve status who successfully completes the Special Forces Qualification Course or the Special Forces Officer Course.

17.  Army Regulation 635-5 (Separation Documents), governs the preparation of the DD Form 214.  It states:

* item 11 would include the title of all MOS's served for at least 1 year and include the number of years and months served for each MOS – basic training and advanced individual training would not be counted
* item 13 would include all awards and decorations for all periods of service
* item 14 would include formal in-service (full-time attendance) training course successfully completed during the period of service covered by the DD Form 214 and include title, lengths in weeks, and year completed; training courses for combat skills will not be listed

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed training and was awarded primary MOS 18B on 1 September 1984 and held that MOS for a period of 2 years and 6 months.  Therefore, he is entitled to correction of item 11 of his DD Form 214 to show "18B, Special Operations Weapons Sergeant, 2 Years and 6 Months" in accordance with regulatory guidance.

2.  The evidence of record also shows he completed the following training for inclusion on his DD Form 214:

* Jumpmaster Course – 3 weeks – 1983
* NBC NCO Course – 2 weeks – 1983

3.  The evidence of record further shows he was eligible for award of the Special Forces Tab based on completion of the Special Forces Qualification Course on 25 May 1979.  Therefore, he is entitled to have this tab shown on his DD Form 214.

4.  In accordance with regulatory guidance he is not entitled to inclusion of the following combat-skills training on his DD Form 214:

* Special Forces Qualification Course – 16 weeks – 1979
* Special Operations Training – 3 weeks – 1981

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 of Department of the Army records of the individual concerned be corrected by:

* adding the entry "18B Special Operations Weapons Sergeant/2 Years and 6 Months" to the already-listed entry in item 11 of his DD Form 214
* adding the Special Forces Tab to item 13 of his DD Form 214
* adding the following entries to item 14 of his DD Form 214 –

* Jumpmaster Course – 3 weeks – 1983
* NBC NCO Course – 2 weeks – 1983

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 the following courses to item 13 of his DD Form 214:

* Special Forces Qualification Course – 16 weeks – 1979
* Special Operations Training – 3 weeks – 1981



      __________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)                                         AR20120005371



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ABCMR Record of Proceedings (cont)                                         AR20120005371



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