IN THE CASE OF: BOARD DATE: 25 July 2023 DOCKET NUMBER: AR20220012104 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 August 1969 to show: * his social security number (SSN) as XXX-XX-XXXX * his military occupational specialty (MOS) as 11B1P (Light Weapons Infantryman – Parachutist), vice 94B, Cook * his marksmanship qualification badges APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 his SSN is incorrect as shown on his DD Form 214, his marksmanship qualification badges are missing, and his MOS should show 11B1P. 3. He was inducted into the Army of the United States on 21 August 1966. His DD Form 47 (Record of Induction) shows his SSN as XXX-XX-XXXX. 4. Headquarters, 1st Advanced Individual Training Brigade, Special Orders Number 236, 14 November 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 5. Headquarters, 1st Advanced Individual Training Brigade, Special Orders Number 232, 7 November 1967, awarded him the 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60). 6. Headquarters, U.S. Army Training Center, Infantry, Special Orders Number 334, 30 November 1967, awarded him primary MOS 11B1O (Light Weapons Infantryman). 7. Headquarters, 82d Airborne Division, Special Orders Number 65, 20 March 1968, released him from the Replacement Detachment, 82d Administrative Company, and assigned him to Headquarters and Headquarters Company, 2d Battalion, 504th Infantry Regiment. His MOS is shown as 11B1P and his duty MOS is shown as 64A1P (Light Vehicle Driver – Parachutist). 8. Headquarters, 82d Airborne Division, Special Orders Number 315, 31 December 1968, promoted him to the temporary rank/grade of specialist four/E-4 effective 11 December 1968. His MOS is shown as 94B2P (Cook – Parachutist). 9. Headquarters, 82d Airborne Division, Special Orders Number 18, 21 January 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 10. Headquarters, 82d Airborne Division, Special Orders Number 61, 5 March 1969, attached him to Company A, 2d Battalion, 504th Infantry Regiment, as a cook effective 27 February 1969. 11. Headquarters, Personnel Center U.S. Army Garrison Troop Command, Fort Bragg, Special Orders Number 159, 19 August 1969, relieved him from active duty effective 20 August 1969 and reassigned him to the U.S. Army Reserve Control Group (Annual Training) effective 21 August 1969. His MOS is shown as 94B2P. 12. His DA Form 20 (Enlisted Qualification Record) shows in: * item 1 (Name and Service Number) – his SSN as XXX-XX-XXXX * item 22 (MOSs) – * 11B1P – Light Weapons Infantryman – 15 December 1967 (lined through) * primary 94B2P – Cook – 11 December 1968 * item 27 (Military Education) – no entries ? * item 38 (Record of Assignments) – * Airborne Training, 4th Student Battalion (airborne), Fort Benning, GA * Headquarters and Headquarters Company, 2d Battalion, 504th Infantry Regiment, Fort Bragg, from 27 March 1968 to 29 September 1968 in duty MOS 64A1P as a light truck driver * Headquarters and Headquarters Company, 2d Battalion, 504th Infantry Regiment, Fort Bragg, from 30 September 1968 to 19 August 1969 in duty MOS 94B2P as a cook * conduct and efficiency ratings of "Excellent" in all assignments * item 41 (Awards and Decorations) – * National Defense Service Medal * Parachutist Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 13. His records are void of orders awarding him the Army Good Conduct Medal (1st Award). 14. His records do not show any court-martial convictions. 15. His records do not contain a commander's disqualification for the first award of the Army Good Conduct Medal. 16. He was honorably released from active duty on 20 August 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 2 years of net active service during this period. His DD Form 214 shows in: * item 3 (SSN) – XXX-XX-XXXX * item 23b (Specialty Number and Title) – 94B2P (Cook) * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Parachutist Badge 17. U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 07-1171163, 18 July 1973, relieved him from the U.S. Army Reserve Control Group (Standby) and honorably discharged him effective 1 August 1973. His MOS is shown as 94B2P. ? BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was partially warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. a. The evidence shows item 22 (MOSs) of the applicant’s DA Form 20 contains the entry “11B1P – Light Weapons Infantryman – 15 December 1967 (lined through)” and the entry primary 94B2P – Cook – 11 December 1968. Additionally, item 38 (Record of Assignment) of the same form shows he was assigned to HHC, 2d Battalion, 504th Infantry Regiment, Fort Bragg, from 30 September 1968 to 19 August 1969 in duty MOS 94B2P as a cook in MOS 94B. The DD Form 214 lists the MOS held by the Soldier at the time of separation. The applicant’s DD Form 214 lists the correct MOS he held at the time of separation. b. Although not requested by the applicant, the Board determined he meets the criteria for award of the Army Good Conduct Medal (1st Award). He completed 2 years of active service, from 21 August 1967 to 20 August 1969 and he received all "excellent" conduct and efficiency ratings throughout his entire period of active military service. The Board determined he met the criteria for award of the Army Good Conduct Medal (1st Award). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF xx: xx: xx: GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the corrections addressed in Administrative Note(s) below, 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: * awarding him the Army Good Conduct Medal (1st Award) for service during the period 21 August 1967 through 20 August 1969 * adding award of the Army Good Conduct Medal (1st Award) to 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 his MOS to 11B. 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): The applicant is authorized administrative correction of his DD Form 214 for the period ending 20 August 1969 to show the following entries without Board action: * item 3 – XXX-XX-XXXX * item 24 – * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) REFERENCES: 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 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), 1 February 1967, prescribed the separation documents that will be furnished each individual who is separated from the Army and established standardized procedures for preparation and distribution of these documents. The specific instructions for item 23 stated to enter the primary MOS code number and title. 3. Army Regulation 672-5-1 (Awards), 3 May 1961 and in effect at the time, stated the Army Good Conduct Medal was awarded for exemplary behavior, efficiency, and fidelity in active federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself from among his fellow Soldiers by his exemplary conduct, efficiency, and fidelity while in an enlisted status. a. There is no right or entitlement to the Army Good Conduct Medal until the immediate commander has made a positive recommendation for its award and until the awarding authority has announced the award in general orders. b. Any one of the following periods of continuous enlisted active federal military service qualified for award of the Army Good Conduct Medal: (1) each 3 years completed on or after 26 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) 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; and (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in the line of duty. c. Throughout a qualifying period, each enlisted person must meet all of the following criteria: (1) all conduct and efficiency ratings must be recorded as "Excellent," except that ratings of "Unknown" for portions of the period under consideration are not disqualifying and service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying; and (2) no convictions by court-martial during the period. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220012104 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1