BOARD DATE:	  22 August 2013

		DOCKET NUMBER:  AR20130000382 


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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

	a.  Change the first three digits of his social security number (SSN) to "018" and the last digit to "8."

	b.  Add the following awards:

* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Auto Rifle Bar

2.  The applicant states his DD Form 214 does not have the above awards listed.

3.  The applicant provides a letter, dated 5 April 2007, from the National Personnel Records Center (NPRC), St. Louis, MO.

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.  On a DD Form 398 (Statement of Personal History), signed by the applicant on 20 May 1966, he wrote his SSN with the first three digits as "018" and the last digit as an "8."

3.  He enlisted in the U.S. Army Reserve (USAR) on 16 June 1966.  His SSN is shown on his DD Form 4 (Enlistment/Record, Armed Forces of the United States) in item 37 (Remarks) with the first three digits as "082" and the last digit as a "0."

4.  Headquarters, XIII U.S. Army Corps, Fort Devens, MA, Letter Orders Number 09-250, dated 28 September 1966, ordered him to active duty for training (ACDUTRA) to report on 17 October 1966.  His SSN is shown on these orders with the first three digits as "082" and the last digit as a "0."

5.  Headquarters, 3rd Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Order Number 250, dated 29 November 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  On 26 February 1967, he was released from active duty and had completed 
4 months and 10 days of active service that was characterized as honorable.  

	a.  His DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

	b.  Item 32 (Remarks) of his DD Form 214 includes an entry showing his SSN with the first three digits as "082" and the last digit as "0."

7.  Headquarters, First U.S. Army Special Orders Number 175, dated 23 June 1972, discharged the applicant from the USAR effective 15 June 1972.  His SSN on these orders is shown with the first three digits as "018" and the last digit as 
an "8."

8.  Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) contains a lined out entry showing his SSN with the first three digits as "082" and the last digit as "0."  A corrected entry shows his SSN with the first three digits as "018" and the last digit as "8."  There is no indication as to when this correction was made.

9.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Marksman Marksmanship Qualification Badge with Auto Rifle Bar.  There are no orders in his Army Military Human Resource Record (AMHRR) awarding him the Marksman Marksmanship Qualification Badge with Auto Rifle Bar.  Item 41 does show he qualified as sharpshooter with the M16 on 
12 September 1971.

10.  There was no DA Form 24 (Service Record) in the applicant's AMHRR.

11.  During the period the applicant served on active duty for training, Soldiers were identified by their Army service number (ASN).  The Army discontinued using the ASN as an identifier and began using the SSN on 1 July 1969.  

12.  The letter, dated 4 April 2007, from the NPRC, submitted by the applicant, shows authorization for issuance of the awards the applicant requested.  Among the awards listed is the Marksman Marksmanship Qualification Badge with Auto Rifle Bar.  However, the documentation used to verify entitlement to this award was not included.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the 
DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  In pertinent part, it stated to “Transcribe Social Security Account Number (SSAN) from DA Form 24 in the following manner: SSAN 000-00-0000” for entry in Item 32 of the DD Form 214.  

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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. 

DISCUSSION AND CONCLUSIONS:

1.  During the period of the applicant's ACDUTRA, Soldiers were identified by their ASN.  The Army began using the SSN as a Soldier's service number on
1 July 1969.

2.  He entered his SSN on the DD Form 398 with the first three digits as "081" and the last digit as an "8."  His DA Form 20 and his discharge orders from the USAR reflect the same SSN as entered on the DD Form 398.  It appears as though his SSN were incorrectly annotated on his DD Form 4 and his orders for ACDUTRA.  Therefore, there is sufficient evidence to change the entry in item 32 of his DD Form 214 to show his SSN as shown on his DD Form 398, 
DA Form 20, and discharge orders from the USAR.

3.  The minimum time of active service for eligibility for the Army Good Conduct Medal is 1 year for the first award only.  The applicant only served 4 months and 
10 days active service.  Therefore, he is not eligible for the first award of the Army Good Conduct Medal.

4.  Orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, this award should be entered on his 
DD Form 214.

5.  The letter, dated 5 April 2007, from the NPRC, submitted by the applicant, shows authorization for issuance of the Marksman Marksmanship Qualification Badge with Auto Rifle Bar.  However, the documentation used to verify entitlement of this award was not included.  There are no orders in his AMHRR awarding him the Marksman Marksmanship Qualification Badge with Auto Rifle Bar.  The entry for sharpshooter qualification with the M16 rifle is dated after he was released from active duty.  Therefore, there is insufficient evidence to add this award to 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 all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with an effective date of 26 February 1967 as follows:

	a.  Add the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

	b.  Change the SSAN entry in item 32 to show his SSN as shown on his 
DD Form 398, DA Form 20, and discharge orders from the USAR.

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 the Army Good Conduct Medal and the Marksman Marksmanship Qualification Badge with Auto Rifle Bar. 




      _______ _  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)                                         AR20130000382



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ABCMR Record of Proceedings (cont)                                         AR20130000382



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