BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160009927 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: 1 August 2018 DOCKET NUMBER: AR20160009927 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. awarding him the Army Good Conduct Medal (1st Award) for the period 26 December 1973 through 15 December 1976 and the Special Forces Tab effective 18 September 1974; and b. deleting from item 17a (Secondary Specialty Number and Title) of his DD Form 214, the entry "NONE" and replacing it with the entry "12B2S –Combat Engineer - 760301," c. adding the following to item 26 of his DD Form 214: * Army Good Conduct Medal (1st Award) * Special Forces Tab 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 adding the Special Forces Qualification Course to his DD Form 214. ______________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: 1 August 2018 DOCKET NUMBER: AR20160009927 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 (Report of Separation of Active Duty) to show he: * completed the Special Forces Qualification Course (SFQC) * was awarded the secondary military occupational specialty (SMOS) of 12B (combat engineer) 2. He states that his SFQC and his SMOS are not listed on his DD Form 214. He is not seeking financial gain, but as a proud member of the U.S. Army SF Group (USASFG), he simply wants his record to reflect what he worked so hard to accomplish. The Oregon Department of Motor vehicles will not issue him a SF license plate because his current DD Form 214 does not reflect his completion of the SFQC. 3. He provides: * DD Form 214 * certificates showing completion of SFQC and the SFQC (Engineers) Phase II * Letter of Commendation, dated 18 March 1975 * Certificate of Achievement for the period 10 July - 1 August 1976 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 26 December 1973 and he was awarded MOS 11B (light weapons infantryman). 3. Subsequent to completion of his MOS training, he completed the Basic Airborne Course. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows he was assigned to the U.S. Army Institute of Military Assistance (USAIMA), Fort Bragg, NC, from 24 May 1974 to 18 September 1974 (12 weeks) for the purpose of attending the SFQC course. 4. A certificate provided by the applicant shows he completed the SFQC on 18 September 1974, at Fort Bragg, NC. 5. His DA Form 2-1 shows in: a. item 6 (MOS), he was award MOS 11B2S on 19 April 1974. The award of the special qualification identifier (SQI) "S" indicating he was SF qualified. b. item 17 (Civilian Education and Military Schools), he completed the 8-week SFQC, Phase II (Engineer) at the USAIMA, Fort Bragg, NC in 1976. The applicant provides a certificate of completion that corresponds with this date. The certificate is dated 1 March 1976. c. item 35 (Current and Previous Assignments), he served in the 10th SFG (Airborne), 1st SF, Fort Devens, MA. His duty MOS is shown as 12B4S (Special Forces Engineer) for the period 10 February –15 December 1976. 6. His record is void of military orders awarding him the SMOS of 12B. 7. There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the second award of the Army Good Conduct Medal. 8. On 15 December 1976, he was honorably released from active duty. His DD Form 214 shows in: * Item 16 (Primary Specialty Number and Title), Light Weapons Infantryman, Score: None * Item 17a (Secondary Specialty Number and Title), None * Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or authorized) * National Defense Service Medal * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Item 27 (Remarks), no completed military training REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states the Special Forces Tab may be awarded to any person for successful completion of U.S. Army John F. Kennedy Special Warfare Center and School (JFKSWCS) (previously known as the U.S. Army Institute for Military Assistance)-approved Active Army institutional training leading to SF qualification. 2. AR 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. 3. AR 635-5 (Separations Documents), in effect at the time, states to enter the following information on the DD Form 214 in: * Item 16, MOS code, title, and date of award * item 17a, MOS code, title, and date of award * item 26, include awards for entire Army service * item 27, list formal in-service training courses successfully completed during this period of service, combat skills will not be listed 4. Subsequent editions of this regulation state that in-service training courses entered on the DD Form 214 will include the title, number of weeks, and year successfully completed during the period of service. DISCUSSION: 1. The applicant completed the 12-week SFQC on 18 September 1974 and he completed the 8-week SFQC (Engineers) Phase II on 1 March 1976. This military education is not shown on his DD Form 214. However, the purpose of the SFQC is to obtain combat skills and per regulatory guidance combat skills are not listed on the DD Form 214. 2. His DD Form 214 lists his PMOS as 11B2S contains the SQI of "S" indicating he was SF qualified and his DA Form 2-1 shows he completed the SFQC; therefore, he meets the criteria for award of the Special Forces Tab. 3. The evidence shows the applicant performed the duties of a 12B; however, there are no orders awarding him this MOS as a SMOS. Nevertheless he did complete the 8-week SFQC, Phase II (Engineer) at the USAIMA, Fort Bragg, NC in 1976, which means he would have been qualified to hold this MOS as an SMOS effective 1 March 1976. 4. He completed a period of honorable service with no convictions by a court- martial. Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal. He meets the criteria for award of the first award of the Army Good Conduct Medal for the period 26 December 1973 through 15 December 1976. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009927 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009927 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2