PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 December 2001
         DOCKET NUMBER: AR2001058986


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Eric N. Andersen		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect:

a. correction of item 18b (Prior Active Service) on his DD Form 215 (Correction to DD Form 214), dated 18 December 1981, which amended his DD Form 214 (Report of Separation from Active Duty) originally dated 18 November 1975 to show the entry “06 02 00”;

b. correction of item 18e (Total Service for Pay) on his DD Form 215, dated 18 December 1981, which amended his DD Form 214 originally dated
18 November 1975 to show the entry “19 05 26”;

c. correction of item 7 (Last Duty Assignment and Major Command) on his retirement DD Form 214 with an effective date of 29 February 1980 to show the entry “Operation and Intelligence Branch, Resistance Division Special Forces School USAIMA [U.S. Army Institute for Military Assistance] (TRADOC [United States Army Training and Doctrine Command] TC)”;

d. correction of item 11 (Primary Specialty Number Title and Years and Months in Specialty) on his retirement DD Form 214 with an effective date of
29 February 1980 to show the entries “11B3SF1 Infantryman (SF Wpns Splst [Special Forces Weapons Specialist]/SF Sch Instr [Special Forces School Instructor], 3 Years”, “13E3H FA [Field Artillery] Cannon Opns [Operations]/Fire Direction Asst [Assistant], 3 Years” and “31987 Special Forces/1987 Composite Avn [Aviation] Unit Cdr, 3 Years”;

e. correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his retirement DD Form 214 with an effective date of 29 February 1980 to show award of the Meritorious Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three Overseas Service Bars;

f. correction of item 25a (Specialty Number and Title) on his DD Form 214 with an effective date of 18 March 1963 to show the entry “121.63 Special Forces Demolitionist”;

g. correction of item 25a (Specialty Number and Title) on his DD Form 214 with an effective date of 16 March 1965 to show the entry “31193 Special Forces/FA Unit Cdr [Commander]”; and

h. that his five DD Forms 214 be reissued.

3. The applicant states, in effect, that two DD Forms 215 were issued to amend two of his five DD Forms 214; however, upon scrutiny of these forms he discovered several changes that should also be reflected on his DD Forms 214/215. In support of his application, he submits a letter of explanation, dated 15 June 2001, with 15 enclosures as described in his letter of explanation.

4. The applicant’s military records show that he enlisted in the Regular Army on 5 September 1957 for a period of 3 years. He served as a quarryman in the Special Forces and was honorably discharged on 4 September 1960 and transferred to the U.S. Army Reserve (USAR). He entered active duty again on 18 January 1962 for a period of 3 years. On 18 March 1963, the applicant was honorably discharged to accept a commission as an officer in the Army. On
19 March 1963, the applicant was commissioned as a Reserve officer and entered active duty. He served two tours as a pilot in Vietnam. On 28 February 1977, the applicant was released from active duty in the rank of major. He subsequently served on active duty in an enlisted status and was separated on 29 February 1980 for the purpose of retirement. He was placed on the Retired List in the grade of major effective 1 March 1980.

5. The Board notes that the applicant’s DD Form 214 originally dated
18 November 1975 was amended by a DD Form 215 to show an effective date of 28 February 1977.

6. Item 18b (Prior Active Service) on the applicant’s DD Form 215 (Correction to DD Form 214), dated 18 December 1981, which amended his DD Form 214 with an effective date of 28 February 1977 shows the entry “06 01 29” and item
18e (Total Service for Pay) shows the entry “22 05 26”.

7. Item 7 (Last Duty Assignment and Major Command) on his retirement DD Form 214 with an effective date of 29 February 1980 shows the entry “HHC [Headquarters and Headquarters Company], USAIMA TRADOC TC”; and item 11 (Primary Specialty Number) shows the entry “11B3S Infantryman, 3 Years,
10 Months. 13E3H FA Cannon Op/FA Asst, 3 Years, 7 Months.” This discharge document does not show the Meritorious Service Medal or three Overseas Service Bars as authorized awards. The discharge document does show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation as an authorized award; therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

8. Item 25a (Specialty Number and Title) on his DD Form 214 with an effective date of 18 March 1963 shows the entry “141.67 Lt & Med FA Crwman”.

9. Item 25a (Specialty Number and Title) on his DD Form 214 with an effective date of 16 March 1965 shows the entry “71193 FA Unit Comdr”.

10. Evidence of record shows the applicant served on active duty from
5 September 1957 through 4 September 1960, from 18 January 1962 through

18 March 1963 and from 19 March 1963 through 16 March 1965, for a total of
6 years and 2 months of active service.

11. Item 14 (Total Service for Basic Pay) on the applicant’s DAPC-PS Form
143 (Computation of Officer’s Service), dated 30 April 1981, shows 19 years,
5 months and 26 days.

12. The applicant’s separation orders, dated 19 October 1979, show his duty assignment as Headquarters and Headquarters Company, United States Army Institute for Military Assistance, Fort Bragg, North Carolina.

13. The applicant’s records show that he enlisted for primary MOS 11B2S on
2 April 1976 and was promoted to staff sergeant in MOS 11B3S effective
1 September 1976.

14. Headquarters Command, XVIII Airborne Corps and Fort Bragg Orders
54-66, dated 20 March 1978, show the applicant was awarded primary military occupational specialty (MOS) 11B3SF1 (Infantryman/Operations and Intelligence (Special Operations)) and secondary MOS 13E3H (Field artillery operator/Fire direction assistant) effective 20 March 1978. Therefore, he served in these two MOS’ for a total of 1 year, 11 months and 9 days.

15. The applicant’s DD Form 214 with an effective date of 28 February 1977 shows he was awarded primary MOS 31987 (Special Forces) and secondary MOS 1987 (Composite Aviation Unit Commander) on 25 February 1972. Therefore, he served in these two MOS’ for a total of 5 years and 3 days.

16. Permanent Orders 28-2, dated 26 February 1980, show the applicant was awarded the Meritorious Service Medal for the period 28 February 1970 to
29 February 1980.

17. Item 5 (Oversea Service) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows that he served two tours in Vietnam, from 22 August 1967 through 19 August 1968 and from 24 February 1971 through 19 November 1971, for a total of 1 year, 8 months and 24 days.

18. 7th Special Forces Group (Airborne), 1st Special Forces Special Orders Number 200, dated 27 September 1962, show the applicant was awarded primary MOS 121.23.

19. Item 9 (Military Occupational Specialties) on the applicant’s DA Form
66 (Officer Qualification Record) shows he was awarded 71193 (Field Artillery Unit Commander/Parachute) on 19 March 1963.

20. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The current regulation provides, in pertinent part, that the primary military occupational specialty (PMOS) and all additional military occupational specialties (MOS) served in for a period of one year or more, during the soldier’s continuous active military, service will be entered in item 11 (Primary Specialty Number Title and Years and Months in Specialty).

21. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific timeframes and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Oversea Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

22. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

23. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214. The regulation, in effect at the time provided, in pertinent part, that the primary military occupational specialty code number, title, and date of award will be entered in item 25a (Primary Specialty and Title).

24. Army Regulation 635-5 also provides, in pertinent part, that a DD Form 214 will not be reissued unless directed by proper appellate authority, unless it is determined that required corrections will not fit within the space on a single DD Form 215 (Correction to DD Form 214), unless two DD Forms 215 have already been issued to correct a DD Form 214 and another correction is required or unless the character of service is changed.

CONCLUSIONS:

1. Item 18b (Prior Active Service) on the applicant’s DD Form 215 (Correction to DD Form 214), dated 18 December 1981, which amended his DD Form 214 originally dated 28 February 1975 shows the entry “06 01 29”. However, evidence of record shows that the applicant served 6 years and 2 months of total active service. Therefore, the applicant’s DD Form 215 should be corrected to show the entry “06 02 00” in item 18b.


2. Item 18e (Total Service for Pay) on the applicant’s DD Form 215, dated
18 December 1981, which amended his DD Form 214 originally dated
28 February 1975 shows the entry “22 05 26”. However, the applicant’s
DAPC-PS Form 143 (Computation of Officer’s Service), dated 30 April 1981, shows his total service for basic pay is 19 years, 5 months and 26 days. Therefore, the applicant’s DD Form 215 should be corrected to show the entry “19 05 26” in item 18e.

3. The Board noted the applicant’s contention that his last duty assignment was the Operation and Intelligence Branch, Resistance Division Special Forces School, USAIMA TRADOC TC. However, the applicant’s separation orders, dated 19 October 1979, show his duty assignment was Headquarters and Headquarters Company, United States Army Institute for Military Assistance, Fort Bragg, North Carolina. Therefore, item 7 (Last Duty Assignment and Major Command) on his retirement DD Form 214 is correct as currently constituted.

4. Records show the applicant served in MOS 31987 (Special Forces) and MOS 1987 (Composite Aviation Unit Commander) from 25 February 1972 through
28 February 1977, for a total of 5 years and 3 days. Records show the applicant served in MOS 11B3S from 2 April 1976 through 19 March 1978, for a total of
1 year, 11 months and 17 days. Evidence of record shows the applicant was awarded primary MOS 11B3SF1 (Infantryman/Operations and Intelligence (Special Operations)) and secondary MOS 13E3H (Field artillery operator/fire direction assistant) effective 20 March 1978, for a total of 1 year, 11 months and 9 days. Therefore, the applicant is entitled to correction of item 7 (Primary Specialty Number Title and Years and Months in Specialty) on his retirement DD Form 214 to show his dates of service in these MOSs.

5. The applicant received the Meritorious Service Medal on 26 February 1980. Therefore, he is entitled to correction of his retirement DD Form 214 with an effective date of 29 February 1980 to show this award.

6. Evidence of record shows the applicant served over 20 months in Vietnam. Therefore, he is entitled to three Oversea Service Bars and correction of his retirement DD Form 214 with an effective date of 29 February 1980.

7. The Board considered the applicant’s contention that item 25a (Specialty Number and Title) on his DD Form 214 with an effective date of 18 March 1963 should be corrected to show MOS 121.63. However, evidence of record shows the applicant was awarded MOS 121.23 on 27 September 1962, not MOS 121.63. Therefore, the applicant is entitled to correction of item 25a on his DD Form 214 with an effective date of 18 March 1963 to show MOS 121.23.

8. The Board also considered the applicant’s contention that item 25a (Specialty Number and Title) on his DD Form 214 with an effective date of 16 March 1965 should be corrected to show MOS 31193. However, evidence of record shows the applicant was awarded MOS 71193 (Field Artillery Unit Commander/Parachute) on 19 March 1963, not MOS 31193. Therefore, item 25a on his DD Form 214 with an effective date of 16 March 1965 is correct as currently constituted.

9. The Board notes the applicant’s request that his five DD Forms 214 be reissued. However, in accordance with the governing regulation, a DD Form 214 will not be reissued unless directed by proper appellate authority, unless it is determined that required corrections will not fit within the space on a single DD Form 215 (Correction to DD Form 214), unless two DD Forms 215 have already been issued to correct a DD Form 214 and another correction is required or unless the character of service is changed. Since there has been only one DD Form 215 issued for two of his DD Forms 214, there is no basis for granting the applicant’s request.

10. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by voiding the DD Form 215, dated 18 December 1981, which amended the DD Form 214 originally dated 18 November 1975;

         b. by issuing a new DD Form 215, dated 18 December 1981, which amends the DD Form 214 originally dated 18 November 1975 to show the following items:

                  9d 77 02 28
                  18a 11 02 19
                  18b 06 02 00
                  18c 17 04 18
                  18e 19 05 26

         c. by deleting the entries “11B3S Infantryman, 3 Years, 10 Months” and “13E3H FA Cannon Op/FA Asst, 3 Years, 7 Months” in item 11 (Primary Specialty Number title and Years and Months in Specialty) on the DD Form 214 with an effective date of 29 February 1980;

         d. by adding the entries “31987, Special Forces, 5 Years”, “1987, Composite Aviation Unit Commander, 5 Years”,”11B3S, Infantryman, 1 Year,
11 Months”, “11B3SF1, Infantryman/Operations and Intelligence (Special Operations), 1 Year , 11 Months“ and “13E3H, Field Artillery Operator/Fire Direction Assistant, 1 Year, 11 Months” in item 11 on his DD Form 214 with an effective date of 29 February 1980;
        
e. by adding the entries “Meritorious Service Medal” and “Three Overseas Service Bars” in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 with an effective date of
29 February 1980;

         f. by deleting the entry “141.67 Lt & Med FA Crwman” in item
25a (Specialty Number and Title) on the DD Form 214 with an effective date of 18 March 1963; and

         g. by adding the entry “121.23” in item 25a on his DD Form 214 with an effective date of 18 March 1973.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

JL_____ MKP_____ ENA____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Joann Langston______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001058986
SUFFIX
RECON
DATE BOARDED	20011204
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0000
3.
4.
5.
6.