IN THE CASE OF: BOARD DATE: 3 August 2022 DOCKET NUMBER: AR20210014029 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show the Expert (instead of Marksman) Marksmanship Qualification Badge with Rifle and Grenade Bars * Also Block 13, add the Marksmanship Badge with Pistol Bar (9 mm) * Block 14 (Military Education) to add Supply Specialist Course, 12 weeks; Division Logistics Training, 8 weeks; Keyboard Operator, 4 weeks, and German Commando Training * Block 17 (Accrued Days Leave Sold) to show 58 instead of 38 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Department of Veterans Affairs Summary of Benefits * Attorney Letter FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 he was assigned to the 1st Battalion 13th Infantry in Germany. In 1980, he had a 100% reenlistment status for 3 years. He was offered OCS (Officer Candidate School) if he would reenlist. He declined. As a result, he was falsely accused on several trumped-up charges. After he requested an Article 32 hearing, and threatened to go to the Stars and Stripes, he was quickly released by an unknown, so- called 2-star general. His service-connected disability, to include an attack by Lebanese insurgents in Germany, and backward fall from gun turret (a separate incident) was not included until March 2007. 3. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 22 March 1977 for 3 years. He completed 12 weeks of training at Fort Lee, VA for award of military occupational specialty 76D (Materiel Supply Specialist). b. He served in Germany from 25 August 1977 to 16 April 1980. He was assigned the 1st Battalion 13th Infantry, in MOS 76D. c. He was honorably released from active duty on 18 April 1980. His DD Form 214 shows he completed 3 years and 27 days of active service. It also shows in: * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Marksman Qualification Badge with M-16 Bar * Block 14 (Military Education) Materiel Supply Specialist, 12 weeks, 1977 * Block 17 (Accrued Days Leave Sold) 38 4. There is no evidence in his records, and he provides none (such as an order, a firing record, a memorandum, etc.) to show he qualified Expert with the M-16 rifle or the Hand Grenade. There is also no record he qualified with the M-9 Pistol and the degree of such qualification. 5. There is no evidence in his records, and he provides none (such as an order, a diploma, a service school academic report, etc.) to show he completed the Supply Specialist Course, 12 weeks; the Division Logistics Training, 8 weeks; Keyboard Operator, 4 weeks, and/or German Commando Training. 6. There is no evidence in his records, and he provides none (such as pay vouchers, Leave and Earnings Statements, pay inquiries, communication with the servicing Finance Officer, etc.) to show how many days lave he accrued, used, and/or sold. 7. By regulation (AR 15-185), 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: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined the applicant’s record is absent the supporting documentation to show the applicant qualified Expert with the M-16 rifle or the Hand Grenade. The Board agreed, there is also no record he qualified with the M-9 Pistol and the degree of such qualification. The Board determined there was no orders, diploma or DA Form 1059 to support the applicant’s contention that he completed the 12-week Supply Specialist Course; the Division Logistics Training, 8 weeks; Keyboard Operator, 4 weeks, and/or German Commando Training. Furthermore, the Board agreed, without the proper documentation from DFAS, showing his pay voucher, Leave and Earning statement they cannot accurate determined how many days leave the applicant accrued, used, and/or sold. Based on this, the Board denied relief. 2. This board is not an investigative body. The Board determined despite the absence of the applicant’s service records, they agreed the burden of proof rest on the applicant, however, he did not provide any supporting documentation and his service record has insufficient evidence to support the applicant contentions for badges, training and leave. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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, United States 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 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. 2. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active-duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Chapter 2 states: Items * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), enter all awards and decorations * Block 14 (Military Education) List in–service training courses; title, number of weeks year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed * Block 17 (Accrued Days Leave Sold) Enter either the number of days of accrued Save paid or the word “none.” This information is required by other Federal agencies. 3. Army Regulation 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210014029 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1