IN THE CASE OF:	  

		BOARD DATE:	    29 January 2013

		DOCKET NUMBER:  AR20120012325 


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 show his date of birth (DOB) as 11 December 1945 and by adding any additional awards he earned or was authorized including the Expert Infantryman Badge (EIB) and his weapons qualifications.  He also requests issuance of these awards. 

2.  He states he lost his draft card and applied for another one.  The replacement card he received showed his DOB as 11 November 1946.  He was drafted and his DOB was supposed to be corrected while he was in basic training.  He states his DOB is 11 December 1945 instead of 11 November 1946.  

	a.  He further states he believes he was not given the awards he was entitled to because he was convicted by court-martial shortly before he was due to return from overseas.

	b.  He states he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, and Army Good Conduct Medal (even though he had three instances of nonjudicial punishment (NJP) and was convicted by a court-martial).  He feels these aren't sufficient reasons for disregarding his honorable service and granting him any awards due him.

	c.  He further states he was told he qualified for the EIB because he was a rifleman and scout for 18 months.  He also states he qualified with the 
M79 grenade launcher and M72 light anti-tank weapon.


3.  The applicant provides:

* his DD Form 214
* a self-authored statement
* back-side of Special Orders 266
* DA Form 137 (Installation Clearance Record)
* pages 3 & 4 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.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, MO 63132-5200.  His DD Form 214 already lists the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, this portion of his request will not be further addressed in this Record of Proceedings.

3.  His military records show he was inducted into the Army of the United States on 24 August 1967.  His records show he was awarded the military occupational specialties of 94B (cook), 11B (light weapons infantryman), and 11D (armor intelligence specialist) during his tenure of service.  The highest rank/grade he held was private first class/pay grade E-3.

4.  His DD Form 47 (Record of Induction), DD Form 398 (Statement of Personal History), DA Form 20 (Enlisted Qualification Record), DA 873 (Certificate of Clearance and/or Security Determination Under EO 10450) show his DOB as 11 November 1946.

5.  His DA Form 20 is void of any conduct and efficiency rating entries.  This form shows he was confined for 45 days.
6.  His DA Form 20 shows he was authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It is void of any other weapons qualifications.  

7.  He accepted NJP on three occasions for misconduct.  On 22 January 1969, he was convicted by special court-martial of breaking restriction.

8.  He was honorably released from active duty on 23 September 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 16 days of creditable active service with 45 days of time lost.

9.  The DD Form 214 he was issued is void of a DOB entry in item 9.

10.  His records are void of any orders or other documents that indicate he was ever awarded the Army Good Conduct Medal by proper authority.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

12.  Army Regulation 600-8-22 (Military Awards) states award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

13.  Army Regulation 600-8-22, Table 8-2 lists weapons for which component bars are authorized for wear on the marksmanship badges.

DISCUSSION AND CONCLUSIONS:

1.  He contends is DOB is 11 December 1945.  However, his DD Form 47, DD Form 398, DA Form 20, and DA 873 show his DOB as 11 November 1946.  He has provided no documentary evidence to substantiate his DOB.  Therefore, there is insufficient evidentiary basis for changing his DD Form 214 to show the requested DOB.

2.  There are no orders or other evidence showing he was awarded the Army Good Conduct Medal.  His conviction by court-martial terminated his period of qualifying service and a new period began the following day after completion of the sentence imposed by the court-martial.  The following period of service of approximately 9 months was insufficient for consideration for the Army Good Conduct Medal.  Therefore, he is not entitled to award of this medal.

3.  His records show he held infantry MOS's and that he was assigned to infantry positions during his service.  However, there is no evidence showing he satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  As such, there is no basis for awarding him the EIB and adding it to his DD Form 214.

4.  There is no evidence he qualified with the M79 grenade launcher and M72 light anti-tank weapon.  As such, there is no basis for adding these qualifications to his DD Form 214.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ____X___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   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)                                         AR20120012325



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ABCMR Record of Proceedings (cont)                                         AR20120012325



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