BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003655 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003655 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 issuing a DD Form 215 (Correction to DD Form 214) to add to item 24 of his DD Form 214 the "Army Good Conduct Medal (1st Award)." 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 his military occupational specialty. ___________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. BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003655 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 his correct military occupational specialty (MOS) and that he was awarded the Army Good Conduct Medal (AGCM). 2. The applicant states his DD Form 214 shows MOS 15B2H (Sergeant Missile Crewman); however, it should show MOS 15E2H (Pershing Missile Crewman) because he was a Pershing Missile Instructor, not a Sergeant Missile Instructor. He also states that Headquarters, U.S. Army Training Center, Field Artillery (USATCFA), Fort Sill, OK, General Orders Number 24, dated 1 May 1968, awarded him the AGCM. He adds that his unit of assignment on the order (i.e., Battery B, 5th Training (Missile) was a Pershing Missile battery. 3. The applicant provides a copy of the general order and his DD Form 214. 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 was inducted into the U.S. Army on 23 May 1966. 3. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 22 (MOS – Code, Title (Date Redesignated), Date Awarded) – * Secondary MOS (SMOS): 15E2O, Pershing Missile Crewman (17 April 1967), 30 September 1966 * Primary MOS (PMOS): 15B3H [sic], Sergeant Missile Crewman (20 January 1968), 17 April 1967 * item 38 (Record of Assignment – Duty MOS, Principal Duty, Organization [Period of Assignment]): * 15E1O; Advanced Individual Training; Battery B, 5th Training Battalion, USATCFA, Fort Sill, OK [6 August 1966 to 30 September 1966] * 15E2O; Assistant Instructor; Battery B, 5th Battalion, USATCFA, Fort Sill, OK [1 October 1966 to 17 March 1967] * 15B1O; Sergeant Missile Crewman; 83rd Missile Detachment, Fort Sill, OK; [18 March 1967 to 23 May 1967] * 15E1O; Instructor Helper; Battery B, 5th Battalion, USATCFA, Fort Sill, OK [24 May 1967] * 15E2O; Instructor Aide; Battery B, 5th Battalion, USATCFA, Fort Sill, OK [25 May 1967 to 26 December 1967] * 15E4O; Instructor Assistant; Battery B, 5th Battalion, USATCFA, Fort Sill, OK [27 December 1967 to 21 May 1968] * item 41 (Awards and Decorations) – * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar * National Defense Service Medal 4. Headquarters, 3rd Battalion, 38th Artillery, Fort Sill, OK, Special Orders (SO) Number 54, dated 17 April 1967, promoted the applicant to specialist four (SP4)/ pay grade E-4 in PMOS 15B2O. 5. Headquarters, USATCFA, Fort Sill, OK, SO Number 282, dated 30 November 1967, promoted him to specialist five (SP5)/pay grade E-5 in PMOS 15B2O. 6. A DA Form 87 (Certificate of Training) shows the applicant completed the Instructor Training Course at Fort Sill, OK, on 13 January 1968. 7. Headquarters, USATCFA, Fort Sill, OK, SO Number 18, dated 20 January 1968, withdrew PMOS 15B2O and awarded him PMOS 15B2H. [The Special Qualification Identifier (SQI) "H" is assigned as the fifth character in the MOS code to identify Instructor qualified personnel.] 8. Headquarters, U.S. Army Artillery and Missile Center, Fort Sill, OK, SO Number 121, dated 15 May 1968, shows the applicant was released from active duty (REFRAD) on 22 May 1968. The Standard Name Line of the order shows he held PMOS 15B2H. 9. A DD Form 214 shows the applicant entered active duty on 23 May 1966, was honorably REFRAD on 22 May 1968, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve service obligation. He had completed 2 years of net active service this period. It also shows in: * item 23a (Specialty Number and Title): "15B2H, SGT [Sergeant] Missile Crewman" * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar * National Defense Service Medal 10. In support of his application the applicant provides a copy of Headquarters, USATCFA, Fort Sill, OK, General Orders Number 24, dated 1 May 1968, that awarded him the AGCM (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 May 1966 to 22 May 1968. REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for: * item 23a, enter primary MOS code and title * item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to show MOS 15E2H (vice MOS 15B2H) and award of the AGCM. 2. The evidence of record shows the applicant completed advanced individual training on 30 September 1966 and he was awarded PMOS 15E1O. a. It shows that he was assigned to numerous duty positions, including instructor duties, in Duty MOS 15E as a Pershing Missile Instructor during the period of service under review. b. It also shows he served in DMOS 15B1O as a Sergeant Missile Crewman. 3. Records show the applicant was promoted to SP4 (E-4) on 17 April 1967, he was awarded PMOS 15B2O, and MOS 15E2O was designated as his SMOS at that time. a. He was promoted SP5 (E-5) in PMOS 15B2O on 30 November 1967. b. He completed the Instructor Training Course on 13 January 1968 and qualified for SQI "H." c. SOs withdrew PMOS 15B2O and awarded him PMOS 15B2H on 20 January 1968. d. SOs show he held PMOS 15B2H at the time he was REFRAD. 4. Item 23a of his DD Form 214 correctly shows his PMOS (i.e., 15B2H). 5. General orders awarded the applicant the AGCM (1st Award), which is not recorded on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003655 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003655 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2