IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170003901 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 IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170003901 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: * deleting the entry in item 8 of his DD Form 214 and adding "Birmingham Alabama" * adding to item 25 of his DD Form 214 the Artillery Leadership Course 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 any relief in excess to that stated above. ___________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. IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170003901 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: * his place of birth as Birmingham, AL * award of the Sharpshooter Marksmanship Qualification Badge * completion of the U.S. Army Noncommissioned Officer Academy (NCOA) * completion of 16mm Howitzer Specialized Training 2. The applicant states, in effect, that his DD Form 214 contains typographical errors and his awards/badges were omitted in error. 3. The applicant provides: * his birth certificate * Special Orders (SO) Number 308, dated 4 November 1965 * Certificate of Completion, Artillery Leadership, NCOA, dated 16 July 1966 * Certificate of Training, 16mm Projectionist Course, dated 7 April 1967 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 Army of the United States on 13 September 1965. His DD Form 47 (Record of Induction) lists his place of birth as Birmingham, AL. 3. Upon completion of his initial training he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic) and reassigned to Germany. 4. Item 27 (Military Education) of his DA Form 20 (Enlisted Qualification Record) does not list completion of any military education and Item 28 (Specialized Training) does not show the completion of the 16mm Howitzer training. 5. The applicant provides SO Number 308, dated 4 November 1965, issued by the U.S. Army Training Center, Armor, Fort Knox, KY, which awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 6. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) by Headquarters, 3rd Armored Division, SO Number 264, dated 29 October 1966. 7. In addition, he provides: a. his birth certificate, which shows he was born in Birmingham, AL; b. his 3rd Armored Division Certificate of Course Completion, NCOA, Artillery Leadership, on 16 July 1966; and c. his Certificate of Training, 16mm Projectionist, Audio Visual Support Center, Germany, on 7 April 1967. 8. He was released from active duty on 28 August 1967. His DD Form 214 shows in: * Item 8 (Place of Birth) – "Birmington Alabama" * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Item 25 (Education and Training Completed) - NONE REFERENCES: 1. Army Regulation (AR) 672-5-1 (Decorations, Awards, and Honors Military Awards) states a basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he qualified. Each bar will be attached to the basic badge, which indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: expert, sharpshooter, and marksman. An award for previous qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. 2. AR 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states that 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. It further noted that source documents used to prepare the DD Form 214 included the DA Form 2-1 and enlistment documents. The version, in effect at the time, states in: * Item 24, enter from the DA Form 20 all decorations, service medals, campaign credits, and badges awarded or authorized * Item 25, enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared DISCUSSION: 1. His DD Form 214 shows that his place of birth is misspelled, as "Birmington." The correct spelling of his place of birth, "Birmingham," is a matter of record during his service. 2. The SO awarding him the Sharpshooter Marksmanship Qualification Badge (M-14) is dated prior to the SO listed on his DA Form 20 awarding him a Marksman Marksmanship Qualification Badge. Only the most current marksmanship badge is listed DD Form 214. 3. Regulatory guidance states to enter service schools, major courses, and military sponsored courses in Item 25 of the DD Form 214. The applicant completed the Artillery Leadership Course on 16 July 1966, which is considered a major course. This course is not listed on his DD Form 214. 4. Although he requested to add the 16mm Howitzer training to his DD Form 214, he provided evidence showing he completed the 16mm Projectionist Training Course. His record is void of completion of the requested course. The 16mm Projectionist Training Course does not meet the criteria as a major course that would be entered on the 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) AR20170003901 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003901 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2