BOARD DATE:	12 August 2010  

		DOCKET NUMBER:  AR20100007227 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed 10th grade and he was an infantryman 2 years and a medic 1 year.  

2.  The applicant states that his DD Form 214 incorrectly shows he completed 8th grade when he completed 10th grade.  Additionally, he served 2 years as an infantryman in Korea and 1 year as a medic at Fort Knox, KY. 

3.  The applicant provides a copy of his DD Form 214 with a separation date of 16 October 1964 and a copy of his DD Form 215 (Correction to DD Form 214) as 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 enlisted in the Regular Army (RA) for a 3 year period on 16 October 1961.  His original DD Form 4 (Enlistment Record – Armed Forces of the United States), item 24 (Civilian Education) shows he attained 8 years of elementary school. 

3.  Item 26 (Military Education) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he attended the heavy weapons infantryman course for 8 weeks in 1962 and he was awarded military occupational specialty (MOS) 112.00 which went with the training.  There is no entry or record to show the applicant completed military schooling for an Army medical MOS and MOS 112.00 was withdrawn. 

4.  The applicant's DA Form 20, item 29 (Foreign Service), shows he served in Korea from 16 March 1962 to 14 March 1963.  

5.  His DA Form 20, Item 29 (Classification in MOS), also shows the applicant was classified into MOS 112.00 (Heavy Weapons Infantryman) on 9 March 1962.  Then on 7 May 1964, he was classified as a 910.00 (Medical Corpsman) and MOS 112.00 was withdrawn.

6.  Special Orders Number 212 issued by Headquarters, U.S. Army Armor Center, Fort Knox, dated 14 October 1964 shows the applicant was released from active duty in MOS 910.00.  The applicant's service record is devoid of orders awarding him MOS 112.00 or MOS 910.00.   

7.  On 16 October 1964, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his statutory Reserve service obligation.  He was issued a DD Form 214 that shows he completed 3 years of active service and 11 months and
29 days of foreign service in the U.S. Army – Pacific Command.  In addition, the applicant's DD Form 214 shows the following entries:  

	a.  item 10a (Highest Civilian Education Level Attained) - "ELEMENTARY 8TH GRADE";

	b.  item 25a (Specialty Number and Title) - "910.00 MEDICAL CORPSMAN";

	c.  item 28a (School or Course) - "U.S. ARMY TRAINING CENTER INFANTRY FORT JACKSON, SC"; and 

	d.  item 28c (Major Courses) - "HEAVY WEAPONS INFANTRYMAN PROCEDURES."

8.  On 23 October 2008, the National Archives and Records Administration issued the applicant a DD Form 215 adding the Korea Defense Service Medal to his DD Form 214. 

9.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  This regulation states the DD Form 214 provides the individual with documentary evidence of his military service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Entries will be verified from all source documents to include orders and the individual's Enlisted Qualification Record.  The individual's primary MOS will be entered in item 25a and all military schooling successfully completed will be entered in item 28.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should show he completed the 10th grade and that he served as an infantryman 2 years and as a medic 1 year. 

2.  The applicant's initial enlistment document shows he completed 8th grade.  There is no evidence in the available record to show he completed a grade higher than 8th grade and he has not provided sufficient evidence to show he completed 10th grade prior to being separated from active duty.  Therefore, the evidence is insufficient to correct his DD Form 214 to show he completed 10th grade as he contends.  

3.  The applicant's record shows he was initially awarded MOS 112.00 (Heavy Weapons Infantryman) then subsequently he was awarded primary MOS 910.00 (Medical Corpsman) and MOS 112.00 withdrawn.  Therefore, the applicant's discharge order and his DD Form 214 properly shows his primary MOS was 910.00 (Medical Corpsman) at the time of discharge.  

4.  The applicant has not provided sufficient documentary evidence to show his DD Form 214 is in error.  Therefore, the ABCMR is reluctant to change his record because it accurately reflects his military service at the time of his discharge in 1964.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  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.



      _______ _   _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)                                         AR20100007227



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)