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ARMY | BCMR | CY2003 | 2003086179C070212
Original file (2003086179C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 October 2003
         DOCKET NUMBER: AR2003086179


         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Shirley Powell Member
Mr. Robert Duecaster 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.


2. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an ending date of 31 March 1989 to show:

(a) Block 11 (Primary Specialty Number, Title and Years and Months in Specialty) to show he held primary military occupational specialty (PMOS) 67V (Helicopter Repairer) for 16 years; he held 67Y (AH-1 Attack Helicopter Repairer) for 6 years and 3 months; he held MOS 67N (UH-1 Helicopter Repairer) for 17 years and 7 months; and he held MOS 11C (Heavy Weapons Infantryman) for 23 years and 7 months;

(b) Block 12a (Date Entered Active Duty This Period) to show he entered active duty on 5 March 1971;

(c) Block 12c (Net Active Service This Period) to show he completed 18 years, 00 months, and 16 days net active service this period;

(d) Block 12d (Total Prior Active Service) to show he completed 2 years, 11 months, and 16 days of total prior active service;

(e) Block 12f (Foreign Service) to show he completed 5 years, 8 months, and 27 days of foreign service;

(f) Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show he was awarded the Meritorious Service Medal and other awards and certificates that he has enclosed; and

(g) Block 14 (Military Education) to show he completed the Aircraft Maintenance Noncommissioned Officer Basic Course on 23 March 1973 (13 weeks in length); to show he completed the UH-1 Helicopter Repairer Course on 9 September 1971 (8 weeks in length) and to show he was a "Distinguished Graduate."

3. The applicant states that he was awarded MOS 67Y when he was promoted to SFC/pay grade E-7 on 1 January 1983. He stated that this is the normal advancement from the 67V40 career field. He also stated that he was awarded MOS 67V on 5 March 1973 through on the job training when he was promoted to SGT/pay grade E-5 and was awarded MOS 67N on his graduation from the
UH-1 Helicopter Repairer Course on 9 September 1971 at Fort Rucker, Alabama. He claimed that he held MOS 67N as a primary or alternate until his retirement. He stated that his entire career was at the organizational level with the OH-58 and UH-1 model aircraft as a crew chief, mechanic, maintenance supervisor, production control, quality control technical inspector, and NCOIC [noncommissioned officer in charge] of quality control. He further stated that he was awarded MOS 11C in February 1961 and it was designated as specialty number 112.10 at that time. He stated that he held MOS 11C as a primary MOS during his first enlistment and as a secondary MOS or an additional MOS for the rest of his career. The applicant stated that he completed overseas tours in Hawaii, Germany, and Korea for a total of 5 years, 8 months, and 27 days of foreign service.

4. In support of his application, the applicant submitted a supplemental letter; three DD Forms 214; Headquarters, 1st Cavalry Division Orders 9-11, dated 17 January 1989; Certificate of Retirement, dated 1 April 1989; award certificate for the Meritorious Service Medal; three Certificates of Achievement; and three diplomas from military schools.

5. The applicant’s military records show that he served in the Regular Army from 12 September 1960 through 27 August 1963 (a period of 2 years, 11 months, and 16 days).

6. After having served in the U.S. Army Reserve, the Army National Guard, and the U.S. Air Force Reserve, the applicant enlisted in the Regular Army on 5 March 1971.

7. The applicant provided a copy of a diploma from the U.S. Army Aviation School which shows he completed the UH-1 Repair Course (67N20), Class 72-503 on 9 September 1971. This diploma indicates that he was a "Distinguished Graduate."

8. The applicant also provided a copy of a diploma from the U.S. Army Transportation School which shows he completed the Aircraft Maintenance Noncommissioned Officer Basic Course on 23 March 1973.

9. The applicant was discharged from active duty on 4 December 1974 and immediately reenlisted for 6 years. He was issued a DD Form 214 which covers this period of service (a period of 3 years and 9 months).

10. The applicant reenlisted on 5 December 1974. His DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 1 October 1973 through 13 December 1975 (a period of 2 years, 2 months, and 13 days).

11. Department of the Army, Headquarters, 13th Corps Support Command, Fort Hood, Texas Orders 228-30, dated 29 November 1978 promoted the applicant to staff sergeant in PMOS 67V with an effective date of 1 December 1978.

12. The applicant's DA Form 2-1 shows he served in Korea from 1 May 1980 through 29 April 1981 (11 months and 29 days).

13. Department of the Army, U.S. Army Military Personnel Center, Alexandria, Virginia Orders 177-12, dated 2 December 1982 promoted the applicant to sergeant first class in PMOS 67Z with an effective date of 1 January 1983.

14. Department of the Army, Headquarters Fort Sheridan Orders 145-14, dated 24 July 1984, awarded the applicant PMOS 67Y and SMOS 11C with an effective date of 1 July 1984. These orders withdrew his PMOS 67Z and his SMOS 11C.

15. The applicant completed 20 years of honorable service and was retired on 1 April 1989. He was issued a DD Form 214, with an ending date of 31 March 1989, which shows he entered active duty on 4 December 1974 and completed a total of 14 years, 3 months, and 26 days of active duty service during the period covered by the report.

16. The applicant provided an award certificate, dated 13 August 1989, which shows he was awarded the Meritorious Service Medal for meritorious service during the period 1 April 1979 to 31 March 1989.

17. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It also states that effective 1 October 1979, DD Form 214s would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued.

18. Army Regulation 635-5 provides, in pertinent part, that MOS codes, titles, and years and months will be entered in item 11 on the DD Form 214.

19. Army Regulation 635-5 provides that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.

20. Army Regulation 635-5 provides that decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service will be entered in item 13 of the DD Form 214. Each entry will be verified by the soldier's records. Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

21. Army Regulation 635-5 states that item 14 (military education) will list formal in service training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed. This information is to assist the soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.


CONCLUSIONS:

1. The evidence of record shows the applicant was promoted in PMOS 67V on 1 December 1978 and held this PMOS until 31 December 1982. This is a period of 4 years and 1 month. The Board acknowledges that he most likely held this MOS earlier than 1 December 1982 but the dates he held it cannot be verified from the available evidence. Therefore, there is insufficient evidence which shows he served in PMOS 67V for 16 years.

2. The evidence of record shows the applicant was awarded PMOS 67Y on 1 July 1984 and continued to hold this PMOS until he was retired on 1 April 1989. This is a period of 4 years and 9 months. However, that is less than the 6 years and 3 months he requests and less than the 15 years and 4 months shown on his DD Form 214 for the period ending 31 March 1989. Therefore, his DD Form 214 will not be corrected without his specific request.

3. The Board acknowledges that the applicant held MOS 67N since he was school trained in it but the period he held it cannot be determined from the available evidence. Therefore, there is insufficient basis for correcting his records to show he held PMOS 67N for 17 years and 7 months.

4. The Board acknowledges that the applicant held MOS 11C during his first enlistment but there is no evidence available which shows when he was re-awarded the MOS. Therefore, there is insufficient evidence upon which to correct his records to show he held MOS 11C for 23 years and 7 months.

5. The applicant served on active duty from 12 September 1960 through 27 August 1963 and from 5 March 1971 through 4 December 1974. The Board notes that the applicant was issued a DD Form 214 which covers both these periods of service.

6. The evidence of record shows the applicant reenlisted on 5 December 1974 and continuously served on active duty through reenlistments until he was retired on 1 April 1989. Based on regulatory guidance, effective 1 October 1979 a DD Form 214 will no longer be issued for immediate reenlistments and that all service would be continuous from the date of the last DD Form 214. Therefore, there is insufficient basis to correct his DD Form 214, with an ending date of 31 March 1989, to show he entered active duty on 5 March 1971.

7. The Board notes that the applicant's DD Form 214, with an ending date of 31 March 1989, erroneously reflects that he entered active duty on 4 December 1974. It would normally be appropriate to correct Block 12a of this DD Form 214 to show entered active duty on 5 December 1974 for this period. However, that would necessitate a few further minor adjustments in his recorded periods of service. The Board will take no action to correct this portion of his DD Form 214 since he does not specifically request it.

8. The evidence of record shows the applicant served 2 years, 2 months, and 13 months in Germany and in Korea for a period of 11 months and 29 days during the period covered by his DD Form 214 with an ending date of 31 March 1989. Therefore, Block 12f of this DD Form 214 should be corrected to show he completed 3 years, 2 months, and 2 days of foreign service during this period.

9. The Board notes the applicant was awarded the Meritorious Service Medal after he was retired. Therefore, his DD Form 214 for the period ending 31 March 1989 should be corrected to add this award. The Board also notes that the applicant provided three Certificates of Achievement; however, based on Army Regulation 635-5, these certificates are not authorized to be recorded on his DD Form 214. Therefore, there is insufficient basis for correcting Block 13 on his DD Form 214 to show these certificates.

10. The evidence of record shows the applicant completed the Aircraft Maintenance Noncommissioned Officer Basic Course in September 1971 and the UH-1 Helicopter Repairer Course in March 1973. Based on Army Regulation 635-5, only courses completed during the period of service covered by the DD Form 214 will be entered in Block 14. Therefore, there is insufficient basis for adding these courses to his DD Form 214 for the period ending 31 March 1989.

11. 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 amending Block 12f on the applicant's DD Form 214 for the period ending 31 March 1989 to show he completed 3 years, 2 months, and 2 days of foreign service; and

         b. by amending Block 13 on his DD Form 214 for the period ending 31 March 1989 to add the Meritorious Service Medal.

2. That so much of the application as it relates to correction of his DD Form 214, with an ending date of 31 March 1989, to show he held PMOS 67V for 16 years; MOS 67Y for 6 years and 3 months; MOS 67N for 17 years and 7 months; and MOS 11C for 23 years and 7 months; to show he entered active duty on 5 March 1971; to show he completed 18 years, 00 months, and 16 days net active service this period; to show he completed 2 years, 11 months, and 16 days of total prior active service; to show he completed 5 years, 8 months, and 27 days of foreign service; to show he was awarded certificates; to show he completed the Aircraft Maintenance Noncommissioned Officer Basic Course on 23 March 1973 (13 weeks in length) and the UH-1 Helicopter Repairer Course on 9 September 1971 (8 weeks in length) and to show he was a "Distinguished Graduate " be denied.

BOARD VOTE:

FNE____ RD______ SP______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON



INDEX

CASE ID AR2003086179
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031007
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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