BOARD DATE: 3 May 2018 DOCKET NUMBER: AR20160007590 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 3 May 2018 DOCKET NUMBER: AR20160007590 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: a. The following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 July 1983: * item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) to show military occupational specialty (MOS) 76C10 (Equipment Records and Parts Specialist) * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to reflect the award of the Expert Marksmanship Qualification Badge with Grenade Bar and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * item 14 (Military Education), add the dates he participated in advanced individual training (AIT) for MOS 76C * add that he was "No. #1 PT " (i.e., number 1 in physical training) while at Fort Knox, KY, and that he was "No. #1 for the whole brigade” b. To personally appear before the Board. 2. The applicant states, in effect, he first had MOS 76C, but then went to AIT, which made him a 76C10; this "makes it advance [sic]." Additionally, the marksmanship badges he earned are not listed on his DD Form 214, and those accomplishments he achieved during training are not reflected; he was "No. #1" at Fort Knox and in the whole brigade. Lastly, the dates he participated in AIT are not listed on his DD Form 214; he would like his DD Form 214 corrected. 3. The applicant provides his DD Form 214 for the period ending 7 July 1983. 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 New York Army National Guard (NYARNG) on 26 October 1982. His DD Form 1966 (Application for Enlistment – Armed Forces of the United States) indicated becoming qualified in MOS 76C was one of his enlistment options. 3. He entered initial active duty for training (IADT) on 14 February 1983, completed basic combat training (BCT) at Fort Knox, and was transferred to Fort Lee, VA, on 22 April 1983, for 76C AIT. On successful completion, he was awarded MOS 76C, skill level 10, and was released from active duty (REFRAD) on 7 July 1983. His DD Form 214 shows he completed 4 months and 24 days of net active service. In addition, the DD Form 214 reflected the following: * item 9 (Command to which Transferred) – his NYARNG unit * item 11 – 76C10 – Equipment Records and Parts Specialist (Training Only) * item 13 – Army Service Ribbon * item 14 – Equipment Records and Parts Specialist – 9 weeks (1983) * item 23 (Type of Separation) – Release from ADT * item 24 (Character of Service) – Honorable * item 25 (Separation Authority) – Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-9a (Reserve Component Personnel Ordered to IADT under Reserve Enlistment Program) * item 28 (Narrative Reason for Separation) – Reserve Component personnel upon completion of MOS training 4. NYARNG Orders Number 97-84, dated 20 May 1985, separated the applicant from the NYARNG with an under honorable conditions (general) discharge effective 1 June 1985. His rank/grade was listed as private/E-2. The Personnel Reporting Termination Code was "MM" (misconduct). He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). 5. His available service record includes a DA Form 2-1 (Personnel Qualification Record – Part II). Item 9 (Awards, Decorations, and Campaigns) indicates he was awarded the Army Service Ribbon. In addition, it reflects he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar on 30 March 1983 (while in BCT), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), effective 11 August 1984 (more than 1 year after his REFRAD). 6. USAR Personnel Center Orders Number D-10-080938, dated 18 October 1988, honorably discharged the applicant from the USAR Ready Reserve, effective 25 October 1988. REFERENCES: 1. AR 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed enlisted personnel management policies and procedures. Concerning skill levels, it stated the fourth character in an MOS code indicated the Soldier's skill level (i.e. 76C10). A skill level "0" was given to Soldiers who were taking AIT training. Skill level "1" was for Soldiers in grades E-1 through E-4; skill level 2 was awarded to Soldiers in the grade of E-5; skill level "3" for E-6; skill level "4" for E-7; and skill level 5 identified Soldiers in the grades of E-8 and E-9. 2. AR 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for the preparation of the DD Form 214. It stated the DD Form 214 was a record of a Soldier's active duty military service. It served as a source of information for both the Army and governmental agencies. The regulation provided the following guidance for the specific items listed: * item 11 – enter the MOS code, title, and the number of years and months in which the enlisted Soldier has served in this MOS * item 13 – show awards for all periods of service; current guidance in AR 635-8 (Separation Processing and Documents) adds to list all Federally recognized awards and decorations for all periods of service * item 14 – list in-service training courses by title, number of weeks, and the year successfully completed 3. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. 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. c. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. It states further, in paragraph 2-11, that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. By regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record, including independent evidence he provided, is sufficient to render a fair and equitable decision at this time. 2. Concerning the applicant's request to correct what is shown in item 11 of his DD Form 214: * the regulation requires the primary MOS to be listed * at the time he completed AIT, the applicant held MOS 76C with a skill level of "1" (associated with grades E-1 through E-4) * the entry in item 11 appears to correctly state his MOS, as was accurate at the time of his REFRAD 3. With regard to missing awards, he earned the Expert Marksmanship Qualification Badge with Grenade Bar on 30 March 1983 (while in BCT), but the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) was not shown as awarded until 11 August 1984 (more than 1 year after his REFRAD). Based on this, only the grenade qualification badge would be eligible to be added as he did not earn this rifle qualification until after the period reported on his DD Form 214. 4. As to his assertion of being "No. #1" for PT at Fort Knox, apart from the fact he offers no proof of his claims, there is no regulatory requirement to list this status, unless, as a result of outstanding achievements in physical fitness, he was awarded a Federally recognized award (i.e., an Army Achievement Medal or Army Commendation Medal). 5. As to showing the entire period he participated in AIT, the regulation specifically states the DD Form 214 will show those training courses successfully completed by title, number of weeks and the year of completion. The regulation does not state that exact period of a course must be listed. BOARD DATE: 3 May 2018 DOCKET NUMBER: AR20160007590 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 adding the Expert Marksmanship Qualification Badge with Grenade Bar to his DD Form 214 for the period ending 7 July 1983. 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 modifying the entry in items 11 or 14 of his DD Form 214 for the period ending 7 July 1983. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007590 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007590 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2