ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 November 2019 DOCKET NUMBER: AR20170014995 APPLICANT REQUESTS: in effect, the applicant requests the correction and updating of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding: * the missing service from 3 separate unit assignments * the missing Expert Marksmanship Badge (M-16) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DD Form 214 (Report of Separation from Active Duty) * Letter addressed to the Department of Veterans Affairs (DVA) Records Management Center * Self-authored statement to the National Personnel Records Center (NPRC) * VA Form 21-4138 * Official Military Personnel File FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, the following items are ignored and not shown on the DD Form 214. He wants to get the record straight for his military records, and for his family history to show where he served and with whom he served. * Nike-Hercules missile crewman in Battery A, Painsville, Ohio * Nike-Hercules missile crewman in Battery D, Cleveland, Ohio * 8th Infantry Division, Wiesbaden, Germany * missing Expert Marksmanship qualification with the M-16 rifle 3. The applicant provides the following: a. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period of service from 24 June 1966 to 5 June 1969 that shows he transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training), St. Louis, MO. b. DD Form 214 (Report of Separation from Active Duty) for the period of service from 13 July 1976 to 4 October 1976 that shows he was honorably discharged. c. VA Form 21-4138, dated 22 September 2017 and 27 June 2019, that shows the applicant received some of his records that he was interested in, but believes all of his medical records are not complete. There are medical records missing in regards to a jump incident and an injury prior to the jump. d. Letter addressed to the DVA Records Management Center, dated 1 March 2018, that shows he requested a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) indicating a primary MOS of 16B10 (nike- hercules missile crew). He also requested medical records from his Air Force doctor in Germany for an operation in 1968. e. A self-authored statement, dated 20 April 2018 and 27 June 2019, to the National Personnel Records Center (NPRC) asking for his records, and stating his MOS 16B10 from Painesville OH, and Bratenahl, OH did not appear on his DD Form 214, and so he asked them to put it on a DD Form 215. He also asked the NPRC for a copy of his medical records from the Air Force hospital in Wiesbaden, Germany for his surgery there. The military occupational specialty (MOS) 94B20 (Cook) was his secondary SMOS. His primary PMOS 16B10 was not on his DD Form 214. 4. A review of the applicant’s service record shows the following: a. He enlisted in the Regular Army (RA) on 24 June 1966. b. DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (MOS) * (1) SMOS 16B2P Hercules Missile Crewman (2) PMOS 94B2P Cook * item 38 (Record of assignments) (1) 19 September 1966, MOS16B10 Hercules Missile Crewman, Battery A, 3rd Battalion (Hercules), 65th Artillery, Painesville, Ohio (2) 27 October 1966, MOS 16B10 Hercules Missile Crewman, Battery D, 3rd Battalion (Hercules), 65th Artillery, Cleveland, Ohio (3) 14 August 1967, MOS 94A10 Cooks Helper, Battery D, 3rd Battalion (Hercules), 65th Artillery, Cleveland, Ohio (4) 18 December 1967, MOS 94B2P Cook, Headquarters, Headquarters Battery, 5th Battalion, 81st Artillery, U.S. Army Europe (USAREUR) (5) 28 January 1969, MOS 94B20 First Cook, Company C, 8th Signal Battalion, USAEUR * item 41 (Awards and decorations) National defense Service medal, Parachute Badge, Sharpshooter Qualification Badge M-14 Rifle c. Special Orders # 66, dated 6 March 1968, published by Headquarters, 8th Infantry Division, shows: * Awarded: PMOS 94B2P, SMOS 16B2P * Withdrawn: PMOS 16B1P d. Special Orders #120, dated 30 April 1969, published by Headquarters, 8th Infantry Division, shows the applicant was reassigned to the Fort Dix, NJ, transfer station for separation processing. e. DD Form 214 for the period of service from 24 June 1966 to 5 June 1969 that shows in: * item 12 (Last duty assignment and major command) Company C, 8th Signal Battalion, USAREUR * Item 14 (District, area, command or corps to which reservist transferred) U.S. Army Reserve (USAR) Control Group (Annual Training), St. Louis, MO * item 22c (Foreign and/or sea service) USAREUR 1 year, 5 months, 22 days * item 23a (Specialty number and title) 94B2P, Cook * item 24 (Decorations, medals, badges, commendations and campaign ribbons awarded or authorized) National Defense Service Medal, Parachute Badge, Sharpshooter M-14 f. Letter Orders #05-1180592, dated 24 May 1972, published by USAR Components Personnel and Administration Center, St. Louis, MO, shows the applicant was honorably discharged from the USAR Control Group effective 23 June 1972. g. DA Form 2 (Personnel Qualification Record – Part I) shows in item 16 (PMOS) 11C00 Indirect Fire Infantryman h. DA Form 2 (Personnel Qualification Record – Part II) shows in: * item 9 (Awards, decorations and campaigns) the applicant qualified on 27 June 1976 for the Expert Marksmanship Qualification Badge, rifle M-16 * item 35 (Record of assignments) 14 July 1976, Enlistment i. On 27 September 1976, the applicant’s immediate commander notified the applicant he was initiating action to discharge the applicant. The specific reason for the proposed action was the applicant being completely unacceptable for further military service due to lack of desire, motivation and self-discipline. He was informed the final decision rests with the discharge authority, and if approved he would receive be furnished an honorable discharge certificate. The applicant was advised of his rights. j. On 27 September 1976, the applicant acknowledged receipt of the notification of his proposed honorable discharge. He understood that due to non-completion of requisite active duty time, the DVA and other benefits associated with completion of honorable active duty service would be affected. He did not make any statements on his behalf, did not desire to have a to have a separation medical examination if the discharge was approved, and did not desire to have counsel assist him in explaining the discharge procedures, or making statements or rebuttals on his behalf. k. Orders # 96-13, dated 4 October 1976, published by Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood, MO, show the applicant was discharged effective 4 October 1976. l. DD Form 214 for the period of service from 13 July 1976 to 4 October 1976 shows in: * item 11 (Last duty assignment and major command) Company B, Training Group, U.S. Army Training Center Engineer * item 18a (Net service this period) 2 months, and 22 days * item 22c (Foreign and/or sea service) 0 * item 26 (Decorations, Medals, Badges, Commendations and campaign Ribbons Awarded or Authorized) National Defense Service Medal, Parachute Badge, Sharpshooter Qualification Badge Rifle M-14, Expert Qualification Badge M-16 * item 27 (Remarks) shows last oversea (o/s) service: Germany 5. By Army Regulation (AR) 635-5, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. There are no provisions for the adding of individual unit assignments to the form. 6. By AR 672-5-1 (Awards), in effect at the time, stated the awarding of badges and tabs provides for public recognition of tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in performance of duties. For marksmanship badges, there is no provision for adding the model of weapons to bars. 7. By AR 15-185 (ABCMR), the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. 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 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found partial relief was warranted. His records reflect that he served in Germany from 12 December 1967 to 3 June 1969; however, that foreign service was not reflected on his DD FM 214 in block 18f was warranted. The Board denied unit assignment change. He has orders discharging him at Fort Leonard Wood, MO. Additionally, based upon the information on the applicants DA 2-1, the applicant qualified as a Sharpshooter and that qualification badge is already depicted on his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 changing block 12f to read “01 05 24”. 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 all other requested relief. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. 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. 3. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, stated the awarding of badges and tabs provides for public recognition of tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in performance of duties. a. Section II (Marksmanship Badges and Tabs) provides, a basic marksmanship qualification badge is awarded to indicate the degree in which an individual 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. b. Basic qualification badges are expert, sharpshooter, and marksman. The “Rifle” bar is authorized for qualification with a rifle, the “Machinegun” bar is authorized for qualification with a machinegun, and the “Auto Rifle” bar is authorized for qualification with an automatic rifle. 4. AR 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). It stated for item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) to enter information from the DA Form 20 listing all decorations, service medals, campaign credits, and badges awarded or authorized, omitting the authorities cited. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170014995 6 1