IN THE CASE OF:	  

		BOARD DATE:	  2 February 2010

		DOCKET NUMBER:  AR20090014738 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was a tank driver and his foreign service in Germany and Norway.

2.  The applicant states that his DD Form 214 does not show his foreign service and that a correction is needed for Department of Veterans Affairs' benefits.

3.  The applicant did not provide any additional documentary evidence in support of 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's records show he was inducted into the Army of the United States and entered active duty on 9 September 1969.  He completed basic combat training at Fort Bliss, TX, and proceeded to Fort Ord, CA, for completion of advanced individual training in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was assigned to Company B, 3rd Battalion, 2nd Training Brigade, Fort Ord, CA.

3.  On 14 January 1970, at Fort Ord, CA, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) during the period on or about 5 January 1970 through on or about 11 January 1970.

4.  On 14 February 1970, the applicant was reassigned to Fort Riley, KS, and was subsequently assigned to Company A, 5th Battalion, 32nd Armor, in MOS 11E (Armor Crewman) on 6 March 1970.  His unit was later re-designated as Company A, 4th Battalion, 63rd Armor.

5.  On 29 October 1970, Headquarters, 1st Infantry Division (Mechanized), Fort Riley, KS, published Special Orders Number 198, awarding the applicant primary MOS (PMOS) 11E and secondary MOS (SMOS) 11B.

6.  On 12 April 1971, the applicant was reassigned to Fort Hood, TX.  He was assigned to Company B, 2nd Battalion, 52nd Infantry, 1st Armored Division, as an automatic rifleman in MOS 11B from 12 April 1971 to 5 May 1971.  He was then reassigned to Company B, 1st Battalion, 8th Cavalry, 1st Cavalry Division, also as a rifleman in MOS 11B.

7.  On 12 May 1971, the applicant departed his unit at Fort Hood, TX, in an AWOL status.  He was returned to military control on 26 August 1971.

8.  On 24 September 1971, the applicant accepted NJP under the provisions of Article 15 of the UCMJ for being AWOL during the period on or about 21 September 1971 through on or about 22 September 1971.

9.  On 15 November 1971, the applicant pled guilty at a special court martial to one specification of being AWOL during the period on or about 10 May 1971 through on or about 26 August 1971.  The court sentenced him to confinement at hard labor for 80 days and a reduction to private/E-1.  The sentence was adjudged on 15 November 1971 and was approved on 29 November 1971.  He was confined at Fort Riley, KS.

10.  On 16 December 1971, the U.S. Army Correctional Training Facility, Fort Riley, KS, published orders directing the remittance of the unexecuted portion of the applicant's sentence to confinement at hard labor.

11.  Items 31 (Foreign Service) and 38 (Record of Assignment) of the applicant's DA Form 20 (Enlisted Qualification Record) do not list any foreign service.

12.  The applicant's records show he was released from active duty on 23 December 1971 and transferred to the U.S. Army Reserve Control Group for completion of his remaining Reserve obligation with an under honorable conditions character of service.  The DD Form 214 he was issued shows he completed 1 year, 7 months, and 23 days of creditable service with 127 days of lost time prior to his expiration of term of service (ETS) date and 105 days of lost time subsequent to his normal ETS date.  This form also shows the following entries:

	a.  Item 23a (Specialty Number and Title) shows he the entry, "11B1O, Light Weapons Infantry"; and

	b.  Item 22c (Foreign and/or Sea Service) shows the entry, "0  0  0."

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  From 1951 to 1962, item 26 (Foreign and/or Sea Service) of the DD Form 214 showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  During the Vietnam War, item 11 of the DD Form 214 showed the specialty number and title at the time of separation and item 12 of the DD Form 214 showed 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 service was performed (e.g., USAREUR or USARV).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show an Armor MOS and his foreign service in Germany and Norway.

2.  With respect to his MOS, the evidence of record shows the applicant was trained in and held MOS 11B.  Additionally, upon his assignment to Fort Riley, KS, he was awarded PMOS 11E and SMOS 11B.  However, upon his reassignment to Fort Hood, TX, and until his separation he worked in the original MOS he was formally trained to hold, MOS 11B.  Nevertheless, he was not issued permanent orders awarding him his original MOS of 11B.  Therefore, his DD Form 214 should reflect the PMOS he was awarded and held at the time of separation (11E).

3.  With respect to his foreign service, the evidence of record shows the applicant served at Fort Bliss, TX; Fort Ord, CA; Fort Riley, KS; and Fort Hood, TX.  There is no evidence in his service records and he did not provide any supporting evidence that shows he served in Germany and/or Norway.  Accordingly, item 12c of his DD Form 214 correctly shows no foreign service.

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, there is insufficient evidence to grant him the requested relief in this case.

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 deleting from item 23a of his DD Form 214 the entry "11B1O Light Weapons Infantryman" and adding the entry "11E1O Armor 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 his foreign service in Germany and Norway.



      __________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)                                         AR20090014738



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014738



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1