IN THE CASE OF:
BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120006865
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 items 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and 25 (Education and Training Completed) of his DD Form 214 (Armed Forced of the United States Report of Transfer or Discharge).
2. The applicant states:
a. he was awarded the Army Good Conduct Medal (AGCM) and this award is not reflected in item 24 of his DD Form 214; and
b. his completion of "heavy vehicle training" is not reflected in item 25 of his DD Form 214.
3. The applicant provides:
* AGCM Order
* DA Form 348 (Equipment Operator's Qualification Card)
* 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 was inducted into the Army of the United States on 16 July 1970. He completed basic combat training at Fort Dix, New Jersey.
3. His Army Military Human Resource Record (AMHRR) includes Headquarters, United States Army Aviation Center and Fort Rucker, Special Orders (SO) Number 263, dated 5 October 1970. The orders show he was assigned to the 1st Aviation Company, 53rd Aviation Battalion, on 5 October 1970, for the purpose of "On the Job Training in Military Occupational Specialty (MOS): 64B2O (Heavy Vehicle Driver).
4. On 12 October 1970, Headquarters, 53rd Aviation Battalion, published SO Number 173. It announced the applicant's award of MOS 64B effective
18 September 1970.
5. General Orders Number 2, dated 3 January 1972, awarded the applicant the AGCM for the period 16 July 1970 to 17 January 1972.
6. On 17 January 1972, the applicant was honorably released from active duty in the rank of specialist four (SP4)/E-4 after completing 1 year, 6 months, and
2 days of active military service. Item 24 of the DD Form 214 issued to him lists the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Item 25 does not include any MOS training.
7. The applicant provides a DD Form 348 issued on 2 November 1970 that shows he was granted an Army Standard Heavy Operators Vehicle Permit after qualifying on 6 October 1970 with the following :
* Utility Truck (M151A1) 8 hours
* Utility Truck-hard top (M715) 4 hours
* Utility Truck cross country (M35A2) 4 hours
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214.
a. Item 24 will contain all decorations, service medals, campaign credits, and badges awarded or authorized in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).
b. Item 25 will contain installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends items 24 and 25 of his DD Form 214 should be corrected to show the AGCM and the completion of his MOS training. There is sufficient evidence to support relief in this case.
2. Orders verify he was awarded the AGCM (1st Award) for the period 16 July 1970 to 17 January 1972. Therefore, he is entitled to correction of his
DD Form 214 to show this award.
3. In addition, the evidence of record clearly shows that having been assigned to Fort Rucker for completion of on-the-job MOS training, the applicant completed the Army standard heavy operators training, received the corresponding operator's permit on 6 October 1970, and was awarded MOS 64B. Therefore, it would be appropriate to add this training to item 25 of his DD Form 214 at this time.
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 the indicated entries to the following items of his DD Form 214:
* Item 24 - "Army Good Conduct Medal (1st Award)"
* Item 25 "Heavy Vehicle Training"
_______ _ 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.
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