IN THE CASE OF:	  

	BOARD DATE:	  01 July 2008

	DOCKET NUMBER:  AR20080000862 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be issued a new Honorable Discharge Certificate showing that he was discharged in the rank of Specialist Four (SP4) and that he be issued a new DD Form 214 showing that he was separated in the rank of SP4 and that he was awarded marksmanship qualification badges for the .45 caliber pistol, the .45 caliber machine gun, the .50 caliber machine gun, the 7.62 caliber machine gun and the M60 Tank. 

2.  The applicant states that after going through the induction process at Fort Benning, Georgia he reenlisted for an additional year in order to receive electronic training.  He goes on to state that he was lead to believe that he would be sent to Fort Gordon, Georgia for the training he had reenlisted for; however, he was instead sent to Fort Knox, Kentucky to undergo advanced individual training (AIT) as an armor crewman.  He continues by stating that after being there for almost 8 weeks and qualifying with the .45 caliber pistol, .45 caliber machine gun, the .50 caliber machine gun, the 7.62 caliber machine gun and the M60 Tank, he was transferred to Fort Gordon for what he thought would be his electronic training.  However, after arriving there he was told that he was not qualified for electronics training and was instead going to be trained as a radio operator in military occupational specialty (MOS) 31M.  He further states that he never received credit for his time at Fort Knox and his weapons qualifications and his records show that he was discharged in the rank of private first class (PFC), when in fact he was a SP4. 

3.  The applicant provides a letter of explanation and a copy of his original DD Form 214 dated 1 September 1968.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted in Atlanta, Georgia on 23 November 1965 and was transferred to Fort Benning, Georgia to undergo his basic combat training (BCT).

3.  On 1 December 1965, he was honorably discharged for the purpose of enlisting in the Regular Army.  He had served 9 days of total active service.  

4.  On 2 December 1965 he enlisted in the Regular Army for a period of 3 years and training as a radio relay and carrier operator (31M20).  His training was specified in block 13 of his enlistment contract. 

5.  He completed his BCT and for reasons not explained in the available records, he was transferred to Fort Knox for training as an armor crewman on 14 February1966.  However, on 26 March 1966, he was transferred to Fort Gordon to undergo his AIT in MOS 31M.  He completed his AIT and was transferred to Fort Huachuca, Arizona for assignment to the 78th Signal Battalion.  

6.  He was subsequently transferred to Fort Lewis, Washington when his unit made a unit permanent change of station to Fort Lewis.  He was advanced to the pay grade of E-4 on 23 May 1967 and remained at Fort Lewis until 9 September 1967, when he was transferred to Vietnam for assignment to Company B, 53rd Signal Battalion for duty as a radio relay section chief.  

7.  He departed Vietnam on 30 August 1968 when he was transferred to Oakland Army Base, California and was honorably released from active duty (REFRAD) in the pay grade of E-4 (SP4) on 1 September 1968 as an early overseas returnee. He had served 2 years, 9 months and 9 days of total active service.  His DD Form 214 issued at that time indicated that he had entered his current period of service on 23 November 1965; however, on 28 April 1983, a DD Form 215 was issued to reflect that he entered his current period of service on 2 December 1965.

8.  On 22 November 1971, the applicant was honorably discharged from the United States Army Reserve (USAR) in the rank of SP4 and was issued an Honorable Discharge Certificate to that effect.

9.  A review of the applicant’s official records failed to reveal any weapons qualification orders in his file. 

 DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his records should be corrected to reflect that he was discharged in the rank of SP4 has been noted and found to lack merit.  The applicant was REFRAD in the rank of SP4 and was discharged in the rank of SP4.  Both his DD Form 214 and his Honorable Discharge Certificate reflect his rank as SP4.  Accordingly, there appears to be no basis to reissue those documents.   

2.  The applicant’s contention that he qualified with weapons while at Fort Knox has been noted; however, there is no evidence in his official records to document those qualifications.  Therefore, in the absence of such evidence, there appears to be no basis to award him those qualifications badges. 

3.  While it is unclear what the applicant is requesting in regards to his assertion that the Army breached his enlistment contract regarding his AIT, the evidence of record clearly shows that he was trained in exactly the MOS he enlisted for.  Accordingly, no further discussion is necessary on that issue. 

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.





      ___        XXX                ___
                CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20080000862





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ABCMR Record of Proceedings (cont)                                         AR20080000862



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