IN THE CASE OF:	  

		BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090004580 


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 items 5a (Grade, Rate or Rank), 5b (Pay Grade), and 23a (Specialty Number and Title) be corrected on his DD Form 214 (Report of Transfer or Discharge).  He also requests that an unspecified permanent duty station be listed on his DD Form 214.  

2.  The applicant states that he was an E-4 when he was discharged and that he was not a trainee when he was discharged.

3.  The applicant provides no additional documentary evidence 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 was inducted into the Army of the United States on 8 January 1969.  His DA Form 20 (Enlisted Qualification Record) shows he successfully completed basic combat training and advanced individual training (AIT) in military occupational specialty (MOS) 16F (light air defense artillery crewman).  On
19 September 1969, he was honorably discharged by reason of physical disability in the rank/grade of private/E-2.

3.  Item 5a on the applicant's DD Form 214 shows the entry "PVT (P)" [private (permanent)].  Item 5b on his DD Form 214 shows the entry "E-2."  Item 6 (Date of Rank) on his DD Form 214 shows the entry "13 Mar 69" [13 March 1969].  Item 12 (Last Duty Assignment and Major Command) on his DD Form 214 shows the entry "NCO [Noncommissioned Officer] Candidate School 1st AIT Bde [Brigade] USATC [U.S. Army Training Center] (AD) [Air Defense] Fort Bliss Texas 4th USA."  Item 23a on his DD Form 214 shows the entry "09B0O Trainee."   

4.  Discharge orders, dated 18 September 1969, show the applicant was honorably discharged in the grade of E-2 by reason of not meeting medical fitness standards at time of induction.

5.  Item 33 (Appointments and Reductions) on the applicant's DA Form 20 shows he was advanced to private (E-2) (permanent), with a date of rank of 13 March 1969. 

6.  There is no evidence of record and the applicant did not provide any evidence which shows he was advanced to specialist four (SP4)/E-4 prior to his discharge.

7.  Item 22 (Military Occupational Specialties) on the applicant's DA Form 
20 shows that he was awarded primary MOS 16F on 9 May 1969.

8.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows his last duty assignment was Headquarters and Headquarters Detachment (HHD), 1st AIT Bde USATC (AD) at Fort Bliss, Texas.

9.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that the primary MOS code number and title would be entered in item 23a on the DD Form 214.  There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.



DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he was an E-4 when he was discharged, evidence of record shows that he was an E-2 at the time of his discharge which is properly reflected on his DD Form 214.  As the applicant was attending the NCO Candidate School at the time he separated, he might have been temporarily appointed an E-4 for the duration of his attendance at the school.  Nevertheless, there is no evidence to show he was promoted to E-4 prior to his separation.  Therefore, there is insufficient evidence on which to amend items 5a or 5b on his DD Form 214.

2.  Item 12 on the applicant's DD Form 214 shows the entry "NCO Candidate School 1st AIT Bde USATC (AD) Fort Bliss Texas 4th USA."  However, evidence of record shows his last duty assignment was HHD, 1st AIT Bde USATC (AD) at Fort Bliss, Texas.  Therefore, item 12 on his DD Form 214 should be corrected to show this duty assignment.
    
3.  The applicant's contention that he was not a trainee at the time of his discharge appears to have merit.  Evidence of record shows he completed AIT and was awarded primary MOS 16F, effective 9 May 1969.  Therefore, item 23a on his DD Form 214 should be corrected to show primary MOS 16F - light air defense artillery crewman.

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 entries in items 12 and 23a of his DD Form 214; 

	b.  adding to item 12 of his DD Form 214 the entry "HHD 1st AIT Bde USATC (AD) Fort Bliss, Texas"; and 
	c.  adding to item 23a of his DD Form 214 the entry "16F Light Air Defense Artillery Crewman."

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 amending items 5a and 5b of his DD Form 214.
  


      __________X_____________
               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)                                         AR20090004580



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ABCMR Record of Proceedings (cont)                                         AR20090004580



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