BOARD DATE:	  10 September 2013

		DOCKET NUMBER:  AR20130002441


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 primary military occupational specialty (PMOS) as 05B4S instead of 05B45 and his secondary military occupational specialty (SMOS) as 11B 
* he completed the infantry MOS course during advanced individual training (AIT)

2.  The applicant states:

* the entry currently shown in item 23a (Specialty Number and Title) of his DD Form 214 must be a typographical error as he never held such an MOS – he was training in special forces communications and as such his MOS should read "05B4S"
* he recently requested retroactive award of the Special Forces Tab since his service in the special forces predated the award's issuance – however, his request was denied because the MOS on his DD Form 214 does not show he held skill qualification identifier (SQI) "S" (Special Forces)
* he completed basic training at Fort Knox, KY, and AIT at Fort McClellan, AL – following AIT he completed the Basic Airborne Course at Fort Benning, GA
* following airborne training he was accepted into special forces training
* he spent the rest of his enlistment at Fort Bragg, NC completing his qualification training in the Special Forces
* he completed his training and was assigned to the 6th Special Forces Group
* item 25 (Education and Training Completed) of his DD Form 214 should reflect that he completed MOS 11B (Light Weapons Infantryman) AIT at Fort McClellan, AL

3.  The applicant provides:

* a Certificate of Achievement from the U.S. Army Special Warfare Center, Special Forces Training Group (Airborne), Fort Bragg, NC, dated 27 June 1968, presented upon successful completion of the Special Forces Communication Course
* the graduation program and roster for graduating class 69-3 from the Tactics and Training Graduation Exercise, Headquarters, U.S. Army Special Forces Training Group (Airborne), dated 17 October 1968

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 28 August 1967.  He completed his initial entry training and was awarded MOS 11B.  Upon completion of AIT, he completed the Basic Airborne Course and was awarded SQI "P" (Parachutist).

3.  Special Orders Number 204, Headquarters, U.S. Army Special Forces Training Group (Airborne), Fort Bragg, NC, dated 10 October 1968, withdrew his PMOS 11B1P and awarded PMOS 05B2S (Radio Operator – Special Forces Qualified) and SMOS 11B1P effective 10 October 1968.

4.  Special Orders Number 145, Headquarters, 6th Special Forces Group (Airborne), 1st Special Forces, Fort Bragg, NC, dated 25 July 1969, promoted him to the rank/grade of sergeant (SGT)/E-5, awarded him PMOS 05B4S, and withdrew his PMOS 05B2S and SMOS 11B2P effective 25 July 1969.

5.  On 27 August 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  He was credited with 3 years of total active service.  The highest rank/grade he attained while serving on active duty was SGT/E-5.

* items 23a shows he held MOS 05B45 at the time of his release from active duty
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not indicate he was awarded the Special Forces Tab
* item 25 does not indicate he completed the infantry MOS course

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  Section III of the regulation in effect at the time provided instructions pertaining to preparation and distribution of the DD Form 214.

	a.  For items 23a and 23b, enter the PMOS code number and title in item 23a and enter the related civilian occupation job title and code number from the Dictionary of Occupational Titles (DOT) in item 23b (Related Civilian Occupation and DOT Number).

	b.  For item 25, enter service schools, including major courses which were successfully completed, and military-sponsored courses completed in civilian schools and colleges for the period covered by the DD Form 214.  This entry includes the highest civilian education level acquired during this period of military service, if appropriate.  For enlisted personnel, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person completed successfully during the period covered by the DD Form 214.

7.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  Paragraph 8-49 states the Special Forces Tab may be awarded retroactively to all personnel who, from 1942 through 1973, served with a special forces unit during wartime and were either unable to or not required to attend a formal program of instruction but were awarded SQI "S," "3," or additional skill identifier "5G" by competent authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he held PMOS 05B4S and SMOS 11B.  Additionally, he contends his DD Form 214 should be corrected to show he completed the infantry MOS course.

2.  His DD Form 214 shows he held MOS 05B45 as his PMOS; however, the evidence of record shows he held MOS 05B4S as his PMOS.  Therefore, it can be presumed that the entry on his DD Form 214 is incorrect and it would be appropriate to amend his DD Form 214 to show his PMOS as 05B4S.

3.  Special orders awarded him MOS 05B2S based on his successful completion of the Special Forces Qualification Course.  As a previous graduate of a Special Forces Qualification Course, he is entitled to retroactive award of the Special Forces Tab.  Accordingly, it would be appropriate to amend item 24 of his DD Form 214 to show this award.

4.  Army Regulation 635-5 states that item 25 will document the service schools that were successfully completed during the period covered by the DD Form 214. The evidence of record shows he completed the infantry MOS course during AIT; therefore, it would be appropriate to amend item 25 of his DD Form 214 to show this completed course.

5.  Lastly, the applicant's contention that his DD Form 214 should be corrected to show MOS 11B as his SMOS is rejected.  The regulation in effect at the time required the annotation of the separating Soldier's PMOS only.  There was no provision at the time for listing other than the PMOS; therefore, that portion of his DD Form 214 does not require correction.  Accordingly, there is an insufficient basis to grant 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:

	a.  amending item 23a of his DD Form 214 to show his MOS as 05B4S;

	b.  amending item 24 of his DD Form 214 to add award of the Special Forces Tab; and

	c.  amending item 25 of his DD Form 214 to add the entry "MOS 11B (Light Weapons Infantryman) Course"

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 correcting his DD Form 214 to show MOS 11B as his SMOS.



      ___________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20130002441



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