BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140012242 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* correct dates (unspecified)
* schools completed
* injury of left knee and right ankle
* weapons qualification

2.  The applicant states he did not sign his DD Form 214, the signature on the form is not his, and most of the dates shown are wrong.  The DD Form 214 does not reflect the schools he completed.  Also, he injured his left knee and right ankle while performing border patrol duties in Germany and nothing of this is indicated on the DD Form 214.  Additionally, he was awarded expert-level for numerous weapons and none are shown on the DD Form 214.  He requests a copy of his records.

3.  The applicant provides no additional documentary evidence.

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 requests a copy of his records.  The Board is not the custodian of military personnel records and is unable to fulfill his request.  He is advised his request for a copy of his military service records should be addressed to the National Personnel Records Center, 1 Archives Drive, St. Louis, MO 63138.  No further reference will be made to the applicant's request for his military records.

3.  The applicant enlisted in the Regular Army on 27 December 1962.  After initial training, he was awarded military occupational specialty 131.00 (Armor Crewman).  The highest rank/grade he held while on active duty was private first class/E-3.

4.  His records contain his DD Form 4 (Enlistment Record - Armed Forces of the United States).  This form shows his date of birth as 21 August 1944 and his date of entry on active duty as 27 December 1962.

5.  His DA Form 20 (Enlisted Qualification Record) contains the following entries:

	a.  Item 3 (Date of Birth) shows 21 August 1944.

	b.  Item 10 (Enlisted or Inducted) shows his component as Regular Army with an entry date of 27 December 1962.

	c.  Item 26 (Military Education) is blank.

	d.  Item 27 (Specialized Training) shows Army Training Program (ATP) 21-114 (Basic Combat Training) and Course-A (Nonjudicial Punishment).

	e.  Item 28 (Qualification in Arms) states the applicant qualified as Expert with the M-1 rifle, Marksman with the 90 millimeter (mm) Tank Gun, and Expert with tank weapons.  

	f.  Item 29 (Foreign Service) shows he served in Germany from on or about 
1 November 1963 to on or about 7 December 1965.

	g.  Item 33 shows he was assigned to Troop B, 2nd Armored Cavalry Regiment while stationed in Germany.  
6.  His DA Form 24 (Service Record) contains the following entries:

	a.  Section 1 (Appointments, Promotions, and Reductions) shows a rank/grade of private/E-1 effective 11 September 1964 by authority of Summary Court-Martial Order Number 48, dated 11 September 1964, issued by Headquarters, 1st Reconnaissance Squadron, 2nd Armored Cavalry Regiment.

	b.  Section 9 (Medals, Decorations, and Citations) reflects he earned an Expert Marksmanship Qualification Badge with Rifle Bar (M-1).  No other awards or decorations are shown.  

7.  Available records indicate:

	a.  The applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on eight occasions, all for being absent without leave.  

	b.  He was also convicted by two summary courts-martial.  

* In the first court-martial, adjudged 11 September 1964, the applicant was found guilty of failing to obey the order of his squadron commander; punishment included reduction to private/E-1
* In the second court-martial, adjudged 3 December 1964, he was convicted of breaking restriction and violating a U.S. Army Europe regulation by entering an off-post establishment in military uniform

8.  His records contain documents which show, on 13 January 1965, his commander initiated elimination action under the provisions of Army Regulation 635-209 (Personnel Separations - Discharge - Unsuitability).  

9.  Also on 13 January 1965, the applicant acknowledged in writing he had been advised of the basis for the recommended separation action.  

	a.  He stated he had been furnished copies of his commander's report and all witness statements.  

	b.  He declined counsel and did not request a hearing before a board of officers.  

	c.  He wrote he did not desire to submit statements in his own behalf and had been advised of the type of discharge he could receive.  

10.  On 15 January 1965, the separation authority approved the commander's request to eliminate the applicant and directed a general discharge under honorable conditions.  On 5 February 1965, the applicant was discharged accordingly.

11.  His DD Form 214 contains the following entries:

* Item 3b (Date of Rank) – 11 September 1964
* Item 6 (Date of Birth) – 21 August 1944
* Item 11c (Reason and Authority) – Army Regulation 635-209
* Item 13a (Character of Service) – under honorable conditions
* Item 19c (Date of Entry) – 27 December 1962
* Item 24 (Statement of Service) – net service of 2 years, 1 month, and 9 days
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Expert Marksmanship Qualification Badge with Rifle Bar (M-1.
* Item 28 (Service Schools or Colleges, College Training and/or Post-Graduate Courses Successfully Completed) – "None"  
* Item 29 (Other Service Training Courses Successfully Completed) – ATP 21-114 (Basic Combat Training) and Course-A (Nonjudicial Punishment).
* Item 34 (Signature of Person being Transferred or Discharged) – a signature that appears to be that or the applicant

12.  No medical records are contained in his official military personnel file, and his record is void of any information regarding injuries he may have sustained while performing border patrol duties.

13.  Army Regulation 635-209, in effect at the time, stated individuals would be discharged under this regulation when it was clearly established it was unlikely the individual would develop sufficiently to become a satisfactory Soldier.  The type of discharge would be either honorable or general as warranted by the individual's military record.  Soldiers who had been recommended for elimination under this regulation could request to appear before a board of officers.

14.  Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards, to include weapons qualification badges.  In Table 8-2 it identifies those weapons for which a qualification badge can be awarded.  Included are rifle and tank weapons.  The 90 mm tank gun is not specifically identified.

15.  Army Regulation 600-8-22 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.

16.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policy and procedures for the completion of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, to include the DA Form 20 and DA Form 24.  

17.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-9 contains guidance on the burden of proof.  It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends:

* he did not sign his DD Form 214; the signature is not his
* schools he completed are not shown
* all weapons qualifications with which qualified are not shown
* injuries incurred while performing duties on border patrol in Germany are not reflected

2.  While he states the signature shown on the DD Form 214 is not his, the only evidence he offers is a sample of his current signature.  However, a comparison of his signature on the DD Form 214 with exemplars from his record suggests no significant difference.  The Board is not an investigative body and presumes administrative regularity.  The burden of proof is on the applicant to provide clear and unmistakable evidence showing the signature is not his.  The evidence of his current signature does not sufficiently affirm the signature on his DD Form was not properly executed by him at the time of his discharge.

3.  The source documents for the DD Form 214 include his DD Form 4, DA Form 20, and DA Form 24.  All dates on these source documents and the DD Form 214 are in alignment with each other.  His date of rank, date of birth, and date of entry on active duty are all correctly shown.  

4.  The service schools and specialized training shown on his DA Form 20 are also shown on his DD Form 214.  

5.  His record is void of and the applicant does not provide any information as to injuries he may have sustained while on border patrol in Germany.

6.  The applicant did earn the award of the Expert Marksmanship Qualification Badge with Tank Weapons Bar.  This badge is not reflected on his DD Form 214, and his DD Form 214 should be corrected to reflect this badge. 

7.  He served during a period of eligibility for the National Defense Service Medal.  It would be appropriate to add this medal 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 adding the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Tank Weapons Bar to his DD Form 214.

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 correcting the applicant's DD Form 214 as to the accuracy of his signature, the correctness of all dates shown, information regarding any injuries sustained while on border patrol in 






Germany, and any entries related to the completion of service schools and military training. 




      _______ _   _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)                                         AR20140012242





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ABCMR Record of Proceedings (cont)                                         AR20140012242



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