IN THE CASE OF:
BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130012509
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 records to show successful completion of Airborne training and marksmanship qualification on the:
* Semi-Automatic Pistol (M1911)
* Pistol (.45)
* "Grease Gun" Submachine Gun (.45)
2. The applicant states his military records do not reflect the training that he received while serving in Vietnam. Specifically, the Airborne training he completed in the fall of 1966 at a training facility at Vung Toa, Republic of South Vietnam. The training took place over a ten-day period and covered the ground, tower, and aircraft phases of airborne operations. In addition, his record does not show his weapons qualifications completed in Vietnam.
3. He contends that he was assigned to the 519th Military Intelligence (MI) Battalion. This was an Airborne unit that conducted covert operations. While assigned to the unit he performed the duties of a DA civilian and used a different name. He volunteered to attend Airborne training and received a certificate of completion but it was destroyed by fire and water damage after he returned from Vietnam. Having this training listed on his DD Form 214 was not important at the time he returned because the war in Vietnam was not popular but now he feels his compressed Airborne training entitles him to wear the insignia.
4. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DA 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. The applicant enlisted in the Regular Army on 6 December 1965 and he was awarded military occupational specialty 97B (Military Intelligence Specialist) upon the completion of his initial training. He was later assigned to the 519th MI Battalion in Vietnam from 12 May 1966 through 11 June 1967.
3. His DA Form 20 shows in:
a. item 27 (Military Education) no entry showing he completed the 3-week Basic Airborne Course at any time throughout his service;
b. item 32 (Qualification in Arms) no entry showing he qualified with the semi-automatic pistol, pistol (.45), or sub-machine gun; and
c. item 41 (Awards and Decorations) no entry showing award of the Parachutist Badge that he would have been awarded upon successful completion of airborne training.
4. On 6 September 1968, he was honorably released from active duty. His DD Form 214 shows he completed 2 years, 9 months, and 1 day of net active service this period.
5. Army Regulation 672-5-1 (Decorations and Awards), the regulation in effect at the time, prescribes that except for identification badges, each award of a badge will be announced in special orders of commanders authorized herein to make the award or in letter orders. Each award and revocation of an award of a badge will be noted in the military records of the recipient and in the unit history of his organization.
6. Army Regulation 635-5 (Personnel Separations-Separation Documents), as then in effect, stated:
a. to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed; and
b. to enter all education and training completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record and the applicant did not provide any evidence that shows he ever attended or successfully completed the Basic Airborne Course or qualified with the semi automatic pistol, pistol (.45), or sub-machine gun. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20130012509
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ABCMR Record of Proceedings (cont) AR20130012509
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