IN THE CASE OF:	  

		BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120020819 


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show the following:

* award of the –

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal

* dates of his promotions to the grades of E-2 through E-5

* training completion of the –

* Basic Leadership Course
* Primary Leadership Course
* Aircraft Armament Mechanic Course
* Aircraft Armament Mechanic Course (45M2O)
* two correspondence courses

2.  The applicant states this information is not listed on his DD Form 214.

3.  The applicant provides his DD Form 214, four orders, two DA Forms 750 (Record of Training), four certificates, and a letter.



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 records show he enlisted in the Regular Army on 18 June 1974 and he held military occupational specialty (MOS) 68M (Aircraft Armament Subsystem Mechanic).  This MOS was previously designated as MOS 45M.  He was assigned to the 7th Squadron, 17th Cavalry, Fort Hood, TX.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was advanced/promoted to the rank/grade as follows:

* 15 September 1974 – private/E-2
* 25 October 1974 – private first class/E-3
* 19 September 1975 – specialist four (SP4)/E-4
* 30 July 1976 – specialist five (SP5)/E-5

4.  The applicant provides Permanent Orders (PO) 51-1, dated 8 July 1976, issued by Headquarters (HQ), 7th Squadron, 17th Cavalry, Fort Hood, TX, appointing him to "acting sergeant" effective 8 July 1976.

5.  Orders 93-13, dated 12 May 1977, issued by HQ, 13th Corps Support Command, Fort Hood, TX, assigned him to the U.S. Army Garrison, Fort Hood, TX, for separation processing with a reporting date of 17 June 1977.  These orders show his rank as SP5.

6.  PO 49-7, dated 6 June 1977, issued by HQ, 13th Corps Support Command, Fort Hood, TX, awarded him the Army Good Conduct Medal (1st Award) for the period 18 June 1974 to 17 June 1977.  These orders show his rank as SP5.

7.  He was honorably released from active duty on 17 June 1977 in the rank of SP5 and he was transferred to the U.S. Army Reserve.  He completed 3 years of creditable active service.

8.  The DD Form 214 he was issued shows the following entries in:

* item 6a (Grade, Rate, or Rank) – SP5
* item 6b (Pay Grade) – E-5
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* item 27 (Remarks) – Aircraft Armament Mechanic Course and Basic Leadership Course

9.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 shows he attended and completed the 2-week:

* Basic Leadership Course at Fort Hood, TX, in 1975
* Aircraft Armament Mechanic Course at Fort Hood, TX, in 1975
* Primary Leadership Course at Fort Hood, TX, in 1976
* Aircraft Armament (Advanced) Mechanic Course at Fort Hood, TX, in 1976

10.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

11.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparation of the DD Form 214.  It states 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 version of the regulation in effect at the time stated to enter the rank/grade held at the time of separation in items 6a and 6b and to enter the formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214 in item 27.

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Good Conduct Medal (1st Award) and the evidence of record confirms he served on active duty during a qualifying period for award of the National Defense Service Medal.  Therefore he is entitled to correction of his DD Form 214 to show these medals.

2.  The evidence of record confirms he completed the Aircraft Armament Mechanic Course, Aircraft Armament Mechanic Course (45M2O), Basic Leadership Course, and Primary Leadership Course while his DD Form 214 only shows the Aircraft Armament Mechanic Course and Basic Leadership Course.  Therefore, he is entitled to correction of his DD Form 214 to show the Aircraft Armament Mechanic Course (45M2O) and Primary Leadership Course.

3.  With respect to listing the dates of his promotions to the grades of E-2 through E-5 on his DD Form 214, the governing regulation stated to the enter the rank/grade held at the time of separation in items 6a and 6b of the DD Form 214.  His DD Form 214 correctly shows his rank/grade as SP5/E-5, the rank/grade he held at the time of his release from active duty.  There are no provisions to list the dates of promotion to prior grades on the DD Form 214.  Therefore, he is not entitled to this portion of the requested relief.

4.  With respect to listing correspondence courses on the DD Form 214, the governing regulation stated to enter the formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214.  There are no provisions to list correspondence courses completed.  Therefore, he is not entitled to this portion of the requested relief.

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 amending his DD Form 214 as follows:

* item 26 – adding the Army Good Conduct Medal (1st Award) and National Defense Service Medal
* item 2 – adding the Primary Leadership Course and Aircraft Armament Mechanic Course (45M2O)

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 the dates of his promotions to E-2 to E-5 and the correspondence courses he completed.



      _____________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)                                         AR20120020819



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ABCMR Record of Proceedings (cont)                                         AR20120020819



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