RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 May 2007
      DOCKET NUMBER:  AR20060014488


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Gerald J. Purcell             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 6a (Grade, Rate or Rank),
Item 6b (Date of Rank), Item 16a (Primary Specialty and Number), and Item
18f (Foreign and/or Sea Service) of his 11 November 1977 Separation
Document (DD Form 214) be corrected.

2.  The applicant states, in effect, that his rank was specialist four
(SP4) and not private/E-2 (PV2), as is indicated in Item 6a of his
separation document.  He also claims that he held and served in military
occupational specialty (MOS) 94B (Cook) and not in MOS 11B (Infantry), as
is indicated in Item 16a of his DD Form 214.  He also asks that Item 18a be
corrected to reflect the date 13 April 1976, and he claims he completed an
overseas tour in Germany, where he was assigned after cook school.

3.  The applicant provides his DD Form 214, Honorable Discharge Certificate
and two Food Service Specialist course completion certificates in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 11 November 1977, the date of his separation.  The
application submitted in this case is dated 4 October 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows he enlisted in the Army National Guard
(ARNG) on 29 November 1971.  His Enlisted Qualification Record (DA Form 20)
and Personnel Qualification Record (DA Form 2-1) show he completed an 8-
week 94B (Cook) course at Fort Knox, Kentucky in 1972, he was awarded MOS
94B (Cook) on 25 August 1972, and he completed an 8-week Food Service
Specialist course at Fort Lee, Virginia, in 1976.

4.  The applicant's DA Form 20 and DA Form 2-1 also show he was promoted to
SP4, the highest grade he held, on 9 March 1974, and that he was reduced to
PV2 on 18 April 1977.  The record also shows the applicant was awarded MOS
11B (Light Weapons Infantryman) on 31 July 1976.

5.  Military Department of Indiana, Adjutant General's Office,
Indianapolis, Indiana, Orders Number 84-10, dated 2 May 1977, directed the
applicant's general, under honorable conditions discharge (GD) from the
ARNG, effective
5 June 1977, for the purpose of being involuntarily ordered to active duty.


6.  Headquarters, Fifth United States Army Orders Number 75-109 ordered the
applicant to active duty on 6 June 1977, in the grade of PV2, for 16 months
and 20 days.  The applicant's order to active duty was involuntary based on
his Unsatisfactory Participation and he was ultimately assigned to the 21st
Adjutant General Replacement Battalion, Germany.

7.  On 24 June 1977, the applicant was further assigned to Headquarters and
Headquarters Company, 2nd Battalion, 87th Infantry, Germany, and was
assigned duties in MOS 11B as a rifleman.

8.  On 11 November 1977, the applicant was honorably discharged, in the
rank of PV2, by reason of hardship.  The DD Form 214 he was issued at the
time shows he completed 5 months and 6 days of active duty service during
the period covered by the DD Form 214.  Item 16a shows he held the MOS
11B1O (Infantryman) on the date of his separation, and the entry in 18f
(Foreign and/or Sea Service This Period) is only partially legible and
appears to indicate “NA” (as meaning Not Applicable).

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The regulation in effect at the time of the applicant's discharge
stated, in pertinent part, that the MOS held at the time of separation
would be entered.  The instructions for Item 18f were to enter overseas
service completed during the period covered by the report.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 6a, Item 6b, Item 16a, and Item
18f of his
11 November 1977 DD Form 214 are in error was carefully considered and
found to have partial merit.

2.  The evidence of record confirms the applicant served in Germany for
2 months and 12 days, from 20 June 1977 through 1 September 1977.
Therefore, it would be appropriate to correct Item 18f of his DD Form 214
to accurately reflect this overseas service.

3.  Although the record is void of the specific reduction vehicle, it is
clear the applicant was reduced to PV2 on 18 April 1977, and that he
entered active duty in that grade on 6 June 1977, which would have been
established as his date of rank.  It appears the basis for the applicant's
initial reduction was his Unsatisfactory Participation in the ARNG.  As a
result, there is an insufficient evidentiary basis to support a change to
Item 6a and/or Item 6b of the DD Form 214 in question.

4.  The applicant's record does show he completed two food service courses
in 1972 and 1976; however, it also shows that he was awarded MOS 11B in
1976, and that he was ordered to active duty in that MOS.  It further shows
that while serving on active duty in Germany, he was assigned to duties in
MOS 11B as a rifleman.  Therefore, there appears to be no error or
injustice related to the Item 16a entry on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___YM __  __LMD__  __GJP__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending Item 18f of
his 11 November 1977 DD Form 214 by deleting the current entry and
replacing it with the entry "0000  02  12"; and by providing him a
correction to his separation document that includes this change.

2.  The Board further determined that 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
correction of Item 6a, Item 6b, and Item 16a of the DD Form 214 in
question.




                                  _____Yolanda Maldonado___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014488                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/05/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1977/11/11                              |
|DISCHARGE AUTHORITY     |AR 635-200 C6                           |
|DISCHARGE REASON        |Hardship                                |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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