IN THE CASE OF:	  

		BOARD DATE:	        29 January 2009

		DOCKET NUMBER:  AR20080018228 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected as follows:

	a.  Item 4 (Department, Component, and Branch or Class) to show the correct branch instead of the current entry as "SIGC" (Signal Corps); 

	b.  Item 17c (Date of Entry) to show 20 December 1966 instead of 30 December 1966; 

	c.  Item 22c (Foreign and/or Sea Service) to show the correct period of foreign service instead of the current entry as 1 year, 1 month, and 7 days; 

	d.  Item 23a (Specialty Number and Title) to show his military occupational specialty (MOS) as 67A (Aircraft Maintenance) instead of 72B (Communications Center Specialist); and

	e.  Item 31 (Permanent Address For Mailing Purposes After Transfer or Discharge) to show the correct home address as 619, instead of 617, Franklin Boulevard, Elgin, Illinois.

2.  The applicant states, in effect, that his DD Form 214 contains incorrect information. 

3.  The applicant provides a copy of his DD Form 214, dated 6 August 1969; a copy of Special Orders Number 218, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington, on 6 August 1969; and a copy of Special Orders Number 180, issued by Headquarters, 10th Aviation battalion (Combat), in support of his application. 

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's records show he enlisted in the Regular Army for a period of 3 years and executed the oath of enlistment at the Chicago, Illinois, Armed Forces Examining and Entrance Station (AFEES) on 30 December 1966.  Item 6 (Home Address) of his DD Form 4 (Enlistment Record-Armed Forces of the United States) shows his home address as 619 Franklin Boulevard, Elgin, Illinois. 

3.  The applicant’s records further show he completed basic combat training at Fort Knox, Kentucky, on 3 March 1967, and proceeded to Fort Gordon, Georgia, where he completed advanced individual training and was awarded primary MOS 72B on 1 June 1967.  

4.  The applicant’s records also show he departed Fort Gordon, Georgia, on 10 June 1967 enroute to the U.S. Army Pacific Command (USARPAC) and the Republic of Vietnam.  He arrived in Vietnam on 29 June 1967 and departed on 4 August 1969.  He was assigned as follows:

	a.  From 29 June 1967 to 12 June 1968, he was assigned to the Da Nang Signal Battalion as a communications center specialist (MOS 72B); and

	b.  From 13 June 1968 to 4 August 1969, he was assigned to the 92nd Aviation Company as a door gunner (MOS 11B (Light Weapons Infantryman)) and/or a helicopter mechanic helper (MOS 67A).


5.  The applicant’s records further show he was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 6 August 1969.  The DD Form 214 he was issued shows he completed 2 years, 7 months, and 7 days of active duty service.  This form also shows the following entries:

	a.  Item 4 shows he was a member of the Regular Army (RA) Signal Corps (SIGC);

	b.  Item 17c shows the entry 30 December 1966; 

	c.  Item 22c shows the entry “USARPAC 1 year, 1 month, and 7 days”; 

	d.  Item 23a shows the entry “74B2O COMM CEN”; and 

	e.  Item 31 shows the entry “617 Franklin Boulevard, Elgin, Illinois.  

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation contains guidance on the preparation of the DD Form 214.  The version of this regulation in effect at the time states, in pertinent part, that:

	a.  For enlisted personnel, Item 4 of the DD Form 214 shows the entry “ARMY” in capital letters and the component and branch in which the Soldier was serving immediately prior to separation. 

	b.  For enlisted personnel, Item 17c shows the date a Soldier entered active duty or the date the Soldier's enlistment or reenlistment was accomplished;

	c.  For enlisted personnel, Item 22c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed (for example, USAEUR, USARPAC, etc) 

	d.  For enlisted personnel, Item 23a shows the Soldier’s primary MOS code number and title at the time of the Soldier’s separation.

	e.  Item 31 shows a permanent address furnished by the Soldier at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 contains various administrative errors that should be corrected.

2.  The evidence of records shows that the applicant enlisted in the Regular Army and executed the oath of enlistment on 30 December 1966.  This date is correctly shown on his DD Form 214 and requires no further action.

3.  The evidence of record shows that the applicant was trained in and held primary MOS 72B, a Signal Corps MOS.  The applicant may have performed duties in another MOS, such as 67A and/or 11B, but he was not awarded a second primary MOS during the period covered by the DD Form 214.  Therefore, the branch in Item 4 and his specialty and title in Item 23 are correct and require no further action.

4.  The evidence of record shows that the applicant arrived in the USARPAC on 29 June 1967 and departed on 4 August 1969.  He completed a total of 2 years, 1 month, and 7 days of foreign service which is incorrectly shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the correct period of foreign service.

5.  The evidence of record shows that the applicant resided at 619 Franklin Boulevard, Elgin, Illinois, at the time of his enlistment and used the same address at the time of separation.  However, his home number was incorrectly entered as 617 instead of 619 in what appears to be an administrative oversight.  Therefore, he is entitled to correction of his DD Form 214 to show the correct home address. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry “1 year, 1 month, and 7 days” from Item 22c and adding the entry “2 years, 1 month, and 7 days" to Item 22c of his DD Form 214; and

	b.  deleting the entry “617” from Item 31 and replacing it with the entry “619.” 

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 the applicant’s branch, the date he entered active duty, and the primary specialty number and title.



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      _______ _   _______   ___
       	   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)                                         AR20080018228



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ABCMR Record of Proceedings (cont)                                         AR20080018228



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