ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 March 2020 DOCKET NUMBER: AR20180007101 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the following entries: a. Item 23a (Specialty Number & Title) – * 11C2O (Indirect Fire Infantryman) * 31B2O (Field Communications Electronic Equipment Mechanic) b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal (AGCM) * Army Commendation Medal (ARCOM) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Marksman Marksmanship Qualification Badge with Mortar Bar (Second Class Gunner) c. Item 25 (Education and Training Completed) – * Indirect Fire Infantryman School * Radio Repair School * Radio Operator School * Army Equipment Records System School APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement, dated 27 March 2018 * military timeline, undated * Letter, National Personnel Records Center, dated 5 February 2018 * DA Form 47 (Record of Induction), dated 7 October 1966 * Special Orders (SO) Number 240, dated 6 September 1967 * SO Number 289, dated 25 October 1967 * SO Number 296, dated 1 November 1967 * Form W-2 (Wage and Tax Statement), dated 1967 * SO Number 112, dated 29 May 1969 * Form, Security Termination Statement and Debriefing Certificate, dated 20 June 1969 * DD Form 1252 (Owner's U.S. Customs Declarations and Entry and Inspecting Officer's Certificate), dated 24 June 1969 * DA Form 2431 (Personnel Suspense Card) * AE Form 308 (Sponsor's Pass) * DA Form 1299 (Application for Shipment of Household Goods) * DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 28 June 1969 * Form, Reemployment Rights and Employment Data, dated 28 June 1969 * SO Number 179, dated 28 June 1969 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 for the period ending 28 June 1969 * Illegible document * Registration certificate * Selective Service System Notice of Classification FACTS: 1. The applicant did not file within the three-year period 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 Board will not consider the applicant's request for the ARCOM, as this request falls under the provisions of Title 10, U.S. Code, section 1130, nor will the ARCOM be addressed in this Record of Proceedings further. Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. a. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. b. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request are the best persons to provide corroborating evidence. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. 3. The Board will not consider the following portions of the applicant's requests, as these items will be addressed through an administrative correction: * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Marksman Marksmanship Qualification Badge with Mortar Bar (Second Class Gunner) 4. The applicant was inducted into the Army of the United States on 19 July 1967. He completed basic combat and advanced individual training and he was awarded the primary military occupational specialty (PMOS) 11C on 18 November 1967. 5. Special Orders (SO) Number 6, dated 6 January 1969 withdrew his PMOS 11C and awarded him PMOS 05B (Radio Operator) and secondary MOS 11C, effective 22 November 1968. 6. The applicant's DA Form 20 shows he served in duty MOS 31B for a period of about 6-months, however, he did not provide and his records do not contain orders awarding him MOS 31B2O during his service. 7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the standardized procedures for the preparation and distribution of the DD Form 214. This regulation states, in item 23a, enter the Primary MOS code. (Note: there was no provision in this regulation for adding an MOS other than the PMOS) 8. The applicant did not provide and his record did not contain any documentation showing he completed the Radio Repair School or the Army Equipment Records System School. However, the applicant's record does show he attended advanced individual training and was awarded MOS 11C and later, he was awarded PMOS 05B. While his record does not specifically refer to this courses as "Indirect Fire Infantryman School" and "Radio Operator School" he certainly completed the required training to be awarded MOS 11C during AIT. His record does not specifically indicate whether he attended a specific school or received on the job training to obtain the MOS 05B. 9. Army Regulation 635-5 stated, in item 25 of the DD Form 214, enter the service schools, including major courses which were successfully completed, and military sponsored courses completed in completed in civilian schools of colleges during the period covered by the DD Form 214. 10. Item 38 (Record of Assignments) of his DA Forms 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his entire period of active military service. a. There is no evidence in the available records that shows he was awarded the AGCM; neither is there evidence of a commander's disqualification for the award. b. There is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice. 11. The applicant was honorably released from active duty on 28 June 1969. * Item 23a of the DD Form 214 he was issued lists his specialty as 05B2O Radio Operator * Item 24 reflect the AGCM * Item 25 does not include entries for completion of Indirect Fire Infantryman School, Radio Repair School, Radio Operator School, and Army Equipment Records System School BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The board considered the applicant’s statement, his record of service, his DA Forms 20, MOS Orders, his conduct and efficiency ratings, his duty assignments and the MOS, Education and Awards entries on his DD Form 214. The Board found that the applicant was awarded MOS 11C and that it remained as a secondary MOS. The Board did not find evidence of training for MOS 05B or orders awarding him MOS 31B. Based on a preponderance of evidence, the Board determined that corrections to the applicant’s DD Form 214 was appropriate. The Board concurs with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : 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, in addition to the corrections stated in the Administrative Note(s) that follow, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD Form 214 for the period of service ending 28 June 1969 as follows: - Item 23a. (Specialty Number and Title) Add – “11C10 Indirect Fire Infantryman”, and; - Item 24 (Decorations, Medals, Badges, Commendations…) – add “AGCM.” 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 relief in excess of that stated above. 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. ADMINISTRATIVE NOTE(S): Special orders awarded the applicant the below listed marksmanship badges, which were not added to item 24 of his DD Form 214. As such, his DD Form 214 will be administratively corrected to add the following: * Marksman Marksmanship Qualification Badge with Mortar Bar (Second Class Gunner) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) 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 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. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the Army and establishes standardized procedures for the preparation and distribution of these documents. This regulation also provided the following guidance for completion of the DD Form 214: a. Item 23a – Enter the Primary MOS code. b. Item 25 – enter the service schools, including major courses, which were successfully completed, and military sponsored courses completed in completed in civilian schools of colleges during the period covered by the DD Form 214. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180007101 6 1