IN THE CASE OF:	  

		BOARD DATE:	        26 August 2008

		DOCKET NUMBER:  AR20080009434


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, in effect, that his discharge be upgraded; that the reason and authority for discharge be changed; that gas chamber training be added to his record; and that his performance evaluations be changed.

2.  The applicant states he has a "DD 256-A" discharge and would like it upgraded to a "DD Form 214."  He also states he was fraudulently enlisted by the recruiter.

3.  The applicant provides no additional documentation with his request.

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 enlisted in the Regular Army for 3 years 11 January 1973.  He underwent Basic Combat Training at Fort Knox, KY and Advanced Individual Training at Fort Sam Houston, TX, where he was awarded military occupational specialty (MOS) 91A (Medical Corpsman).  He was transferred to Fort Benning, GA for his first permanent duty assignment.

3.  The applicant received one DA Form 2166-4, Enlisted Efficiency Report, or EER while at Fort Benning.  He was rated "Excellent" in adaptability; "Above Average" in attitude; and "Average" in initiative, leadership, responsibility, and duty performance.  The rating official recommended he be promoted along with his contemporaries.

4.  The applicant was also MOS-tested at Fort Benning.  The USAEEC Form 10 (Enlisted Evaluation Data Report) showed his EER score was 61, while the average for his grade was 85.  It showed he got 57 questions correct on his MOS written test, while the average was 63.  In major MOS testing areas, he received average scores for patient care, preventive medical care, and administrative procedures; he received low scores for pharmacological procedures and emergency care; and he received a very low score for clinical procedures.

5.  On 9 October 1974, the applicant requested a hardship discharge, stating he was an only child and his parents were old and infirm.  His chain of command supported his request and, on 24 October 1974, his request was approved.

6.  On 13 November 1974, the applicant was honorably discharged under the provisions of chapter 6 (hardship), Army Regulation (AR) 635-200.  His DD Form 214 show: he was issued an Honorable Discharge Certificate (DD Form 256A); he held MOS 91B, Medical Specialist [name changed from Corpsman to Specialist]; he had 1 year, 10 months, and 3 days of creditable service and 13 days of lost time for reasons not further specified; his military training listed in Item 27 (Remarks) shows the Student Leader Preparation Program (SLPP) and Medical Corpsman MOS training.

7.  Army Regulation 635-5 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 establishes standardized policy for preparing and distributing the DD Form 214.  The version then in effect provided that entries related to Military Education were derived from the Enlisted Qualification Record. All formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 were to be listed, to include title and length in weeks.  This information was to assist the Soldier in job placement and counseling; therefore, courses for combat skills were not listed.
DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his discharge be upgraded, the reason and authority for discharge be changed, that gas chamber training be added to his record, and that his performance evaluations be changed.  He specifically asks that he be issued a "DD Form 214 discharge in lieu of a DD Form 256A discharge."

2.  The applicant is confused about the nomenclature and purpose of various discharge-related forms.  All Soldiers who are released from active duty service receive a DD Form 214; only Soldiers who are honorably discharged receive a DD Form 256A (Honorable Discharge Certificate).

3.  The applicant's discharge cannot be "upgraded"; it is already honorable.  Therefore, there is no further action required on this issue.

4.  The applicant requested a hardship discharge because his parents were old and infirm.  He was granted a hardship discharge under the provisions of chapter 6, AR 635-200.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  His request for a change in reason and authority is appropriate.  Therefore, there is no further action required on this issue.

5.  The applicant requests that his gas chamber training be added to his DD Form 214.  Every Soldier who goes through basic training undergoes nuclear, biological, and chemical (NBC) training, and is subjected to training in the gas chamber.  The reason for such training is to gain confidence in government-issued NBC equipment.  This training has no relativity to civilian job placement and is not annotated on the DD Form 214, just as basic training is not shown on that document.  Therefore, it would not be appropriate to add the gas chamber training to his DD Form 214.

6.  The applicant's record has one DA Form 2166-4, Enlisted Efficiency Report, for the period January-August 1974.  He now wants his evaluation changed some 34 years after the fact, yet the record shows, at the time the report was written, he did not appeal it.  Army regulations governing evaluation reports state the burden of proof in an appeal rests with the rated Soldier.  Accordingly, to justify deletion or amendment of an evaluation, the rated Soldier must produce evidence that clearly and convincingly overcomes the presumption that the evaluation accurately reflects performance and that action to correct an apparent material error or inaccuracy is warranted.  Clear and convincing evidence must be of a strong and compelling nature, not merely proof of the possibility of 
administrative error or factual inaccuracy.  The applicant has provided no evidence his evaluation warrants correction.  Therefore, it would be inappropriate to make any changes to his evaluation report at this late date.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.


															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)                                         AR20080009434



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ABCMR Record of Proceedings (cont)                                         AR20080009434



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