IN THE CASE OF:	  

		BOARD DATE:	    16 May 2013

		DOCKET NUMBER:  AR20120018781 

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 (Certificate of Release or Discharge from Active Duty) to show in:

	a.  item 11 (Primary Specialty (List number, title and years and months in specialty.  List additional specialty numbers and titles involving periods of one or more years)) his military occupational specialty (MOS) was 91A1O;

	b.  item 11 his language proficiency indicators of "L" and "JT" for Italian;

	c.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) award of the Parachutist Badge; and

	d.  item 14 (Military Education (Course title, number of weeks, and month and year completed)) he completed the following courses:

		(1)  U.S. Army Airborne School, 3 Weeks

		(2)  U.S. Army Air Assault School, 2 Weeks

		(3)  Installation Security Course, 2 Weeks

		(4)  Jungle Warfare Training Course

		(5)  Headstart to Italian instead of the German Headstart Course, 1 Week
		(6)  Consolidation of Administration at Battalion Level 3 instead of the Counselor of Battalion Level Course, 3 Weeks

2.  He states his DD Form 214 reflects incorrect information.

3.  He provides:

* Supplemental statement
* DD Form 214
* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 330 (Language Proficiency Questionnaire)
* Permanent orders for award of the Parachutist Badge
* Certificate of Completion for the Installation Security Course
* Certificate of Completion for the Jungle Warfare Training Course
* Certificate of Training for the Headstart to Italian Course
* Certificate of Training for the Consolidation of Administration at Battalion Level Course

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 3 January 1977.  At the completion of basic combat and advanced individual training (AIT), he was awarded MOS 11B.  



3.  His DA Form 2-1 (Personnel Qualification Record - Part II) lists the following data:

BLOCK(S)
DATA
DURATION
5 (Oversea Service)
Served in Italy 
14 November 1978-30 July 1983
9 (Awards, Decorations and Campaigns)
No entry for award of the Parachutist Badge

12 (Language Proficiency)
No entry
No entry
17 (Civilian Education and Military Schools)
Infantry training in MOS 11B
7 Weeks, 1977

Jungle Warfare Course
4 Weeks, 1977

Air Assault
1 Week, 1978

Headstart
1 Week, 1978

Consolidation of Administration at Battalion Level
3 Weeks, 1977
18 (Appointments and Reductions)
Promoted to staff sergeant
20 March 1982
35 (Record of Assignments)
Student in MOS 91A (Medical Equipment Repairer)
11-18 July 1988
4.  He provided the following documents:

	a.  Certificate of Training, shows he completed the Consolidation of Administration at Battalion Level Course from 20 June through 8 July 1977;

	b.  Certificate, dated 28 October 1977, from the Jungle Operations Training Center, Fort Sherman, Canal Zone, shows he completed the Jungle Warfare Training Course and he was designated a Jungle Expert;

	c.  Certificate of Training, shows he completed the Headstart to Italian Course from 27 November to 1 December 1978, at the Vicenza Army Education Center;

	d.  Certificate, dated 24 September 1982, shows he completed the Installation Security Course from 13 to 24 September 1982 at the 7th Army, Combined Arms Training Center;

	e.  DA Form 330, dated 30 September 1986, shows his MOS was 11B3L and his language proficiency score as "49" for Italian (code "JT");

	f.  DA Form 1059, dated 14 July 1988, shows he completed the Medical Specialist Course in MOS 91A on 17 June 1988.  His service record does not indicate he served in this MOS for 1 year or more; and 

	g.  Permanent Orders 46-24, dated 9 March 1988, show he was awarded the Parachutist Badge, for successful completion of Airborne Training on
18 March 1988.

5.  He was discharged from active duty on 7 February 1990.  His DD Form 214 shows in:

	a.  item 11, the entries:

		(1)  "11B1O INFANTRYMAN, 11 YEARS, 05 MONTHS"

		(2)  "76Y1O UNIT SUPPLY SPECIALIST, 06 YEARS, 08 MONTHS"

		(3)  "72E1O, TACTICAL TELECOMMUNICATION CENTER OPERATOR, 05 YEARS, 02 MONTHS"

	b.  item 13, he was awarded the Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Infantryman Badge, Air Assault Badge, Army Achievement Medal, Army Commendation Medal (1OLC), Army Good Conduct Medal (3rd Award), Noncommissioned Officer (NCO) Professional Development Ribbon (Advanced Level), Overseas Service Ribbon, and 
U.S. Army Recruiter's Badge; and

	c.  item 14, he completed the German Headstart Course, Primary NCO Course, Basic NCO Course, Projection Operator Audio Course, Army Recruiter Course, ITT (International Telephone and Telegraph) Defense Communication Course, and Counselor of Battalion Level Course.

6.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation directed that:

	a.  the titles of all MOSs served for at least 1 year and the number of years and months served will be entered in item 11.  Do not count basic training and AIT;

   b.  decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service will be listed in item 13; and

	c.  formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed will be listed in item 14.  

7.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) prescribes the reporting, selection, assignment, and utilization of Active Army enlisted personnel, excluding initial entry training Soldiers who are governed by Army Regulation 612-201 (Initial Entry/Prior Service Trainee Support).  Paragraph 3-13 (Skill qualification identifiers (SQI)), additional skill identifiers, and language codes (fifth through ninth characters of MOS code) states the SQI is the fifth character of the MOS code and may be used with any MOS unless restricted by DA Pamphlet 611-21.  SQI “L” will be awarded to Soldiers who are qualified exclusively in a language and not in another SQI.  Any awarded SQI takes precedence over SQI “L”; however, the Soldiers’ language identification code will be recorded in the eighth and ninth character of the MOSC even when it has been replaced by another SQI in the MOS.  The regulation also states SQI "P" is awarded to Soldiers who are qualified as a Parachutist.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed the Medical Specialist Course for MOS 91A in June 1988.  By regulation, the titles of MOSs served in for at least 1 year will be recorded in item 11 of the DD Form 214.  However, his service record is void of evidence which shows he served in MOS 91A 1 year or more or was ever awarded MOS 91A.  Therefore, there is insufficient evidence on which to correct item 11 of his DD Form 214 to reflect MOS 91A.

2.  Permanent Orders 46-24, dated 9 March 1988, show he was awarded the Parachutist Badge.  Therefore, this badge should be added to item 13 of his 
DD Form 214.  Additionally, he is eligible for award of SQI "P" (Parachutist) and correction of his DD Form 214 to show he successfully completed airborne training.  

3.  The applicant's DA Form 330 shows he was language qualified in Italian.  Based on the governing regulation, SQI “L” will be awarded to Soldiers who are qualified exclusively in a language and not in another SQI.  Any awarded SQI takes precedence over SQI “L."  Since he was awarded SQI "P" in paragraph 2, above, this SQI takes precedence over SQI "L."  However, the language identification code of "JT" should be added in the eighth and ninth character of his 11B MOS to denote he is qualified in Italian.  
4.  His DA Form 2-1 shows he completed the Air Assault School in 1978.  However, his DD Form 214 does not reflect this military education in item 14.  Therefore, his DD Form 214 should be amended to reflect the entry "Air Assault School, 2 Weeks, 1978."

5.  His Certificate of Completion, dated 24 September 1982, shows he completed the Installation Security Course from 13 to 24 September 1982.  Therefore, item 14 of his DD Form 214 should be amended to reflect the entry "Installation Security Course, 2 Weeks, 1982."

6.  Although the evidence of record shows he completed the Jungle Warfare Training Course, this course is a combat skills course and it is not authorized to be recorded on his DD Form 214.

7.  His service record does not indicate he completed the German Headstart Course.  However, this course is recorded on his DD Form 214.  His Certificate of Training shows he completed the Headstart to Italian Course from 27 November to 1 December 1978.  Therefore, it would be appropriate to delete the German Headstart Course from item 14 of his DD Form 214 and replace it with the Italian Headstart Course.

8.  His service record does not indicate he completed the Counselor of Battalion Level Course.  However, this course is recorded on his DD Form 214.  His DA Form 2-1 shows he completed 3 weeks of training in the Consolidation of Administration at Battalion Level Course in 1977.  Therefore, this course should be added to item 14 of 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 that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the entry "GERMAN HEADSTART CRS 1 WK (1978) from item 14";

   b.  deleting the entry "COUNSELOR OF BATTALION LEVEL CRS 3 WKS (1977) from item 18";
   
   c.  deleting the entry "11B1O" from item 11 and replacing it with the entry "11B1POOJT";

	d.  amending item 13 to add award of the Parachutist Badge; and 

	e.  amending item 14 to add the entries:

		(1)  "U.S. Army Airborne School, 3 Weeks, 1988";

   (2)  "Air Assault School, 2 Weeks, 1978";

		(3)  "Installation Security Course, 2 Weeks, 1982";

		(4)  "Italian Headstart, 1 Week, 1978"; and

		(5)  "Consolidation of Administration at Battalion Level Course, 3 Weeks, 1977."

2.  The Board further determined that 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 amending of his DD Form 214 to show he completed the Jungle Warfare Training Course or adding MOS 91A1O.




      _______ _  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)                                         AR20120018781



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ABCMR Record of Proceedings (cont)                                         AR20120018781



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