BOARD DATE: 17 July 2018 DOCKET NUMBER: AR20160016332 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: 17 July 2018 DOCKET NUMBER: AR20160016332 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. adding the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) to item 24 of his DD Form 214 and b. adding the Leader Preparation Course to item 25 of his DD Form 214. 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 amending item 23a of 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: 17 July 2018 DOCKET NUMBER: AR20160016332 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 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. military occupational specialty (MOS) 11E (Loader) in item 23a (Specialty Number and Title), b. award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) and c. he completed the Leader Preparation Course. 2. The applicant states: * he had dual MOSs and MOS 11E should be included in item 23a * these items were never included on his DD Form 214 3. The applicant provides: * promotion orders, dated 7 August 1969 * certificate of completion for M16A1 training, dated 10 January 1970 * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) orders * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) orders * graduation roster for the Leader Preparation Course * 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 enlisted in the Regular Army on 26 July 1968 for a period of 3 years. 3. He provided a graduation roster, dated 11 October 1968, showing he completed Phase I of the Leader Preparation Course. 4. Headquarters, U.S. Army Southeastern Signal School, Special Orders Number 19, dated 23 January 1969, show he was awarded primary MOS (PMOS) 36C (Lineman). 5. His DA Form 20 (Enlisted Qualification Record) shows: * he was awarded PMOS 36C effective 24 January 1969 * he served in duty MOS 11E while assigned to Headquarters and Headquarters Company, 3rd Battalion, 33d Armor, in Germany from 28 February 1969 to 5 November 1969 6. He provided: a. Headquarters, 3d Armored Division, Special Orders Numbers 132, dated 12 May 1969, showing he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). b. Headquarters, 3d Armored Division, Special Orders Numbers 170, dated 19 June 1969, showing he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber). c. Promotion orders, dated 7 August 1969, showing he was promoted to specialist four in MOS 11E. d. A certificate of completion for M16A1 training, dated 10 January 1970, showing he qualified expert on the rifle. 7. He served in Vietnam from 13 January 1970 to 26 February 1971. His duty MOS in Vietnam was 36C. 8. On 27 February 1971, he was honorably released from active duty. His DD Form 214 shows in: * item 23a – MOS 36C * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – no Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), or Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * item 25 (Education and Training Completed) – he completed the 7-week Lineman Course 9. There is no evidence showing he was awarded PMOS 11E. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. The instructions for item 23a stated to enter the PMOS code number and title. b. The instructions for item 25 for enlisted personnel stated to enter installation training courses (qualification courses), military correspondence courses, and off-duty courses successfully completed during the period covered by the DD Form 214. DISCUSSION: 1. The applicant contends he had dual MOSs and MOS 11E should be included in item 23a of his DD Form 214. The evidence of record shows he was awarded PMOS 36C in January 1969 and he served in duty MOS 11E in 1969. He later served in Vietnam in MOS 36C. 2. The governing regulation in effect at the time stated the PMOS would be entered in item 23a of the DD Form 214. 3. There is no evidence showing he was awarded PMOS 11E. Item 23a of his DD Form 214 properly shows his PMOS as 36C at the time of his release from active duty. 4. His certificate of completion showing he qualified expert on the M-16 rifle confirms his eligibility for award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not show this badge. 5. Orders show he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). His DD Form 214 does not show these badges. 6. The evidence of record shows he completed Phase I of the Leader Preparation Course in October 1968. Item 25 of his DD Form 214 does not show this course. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016332 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016332 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2