IN THE CASE OF:
BOARD DATE: 12 August 2010
DOCKET NUMBER: AR20100008574
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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1994 to show the correct:
* rank and pay grade
* last unit of assignment
* specialty
2. The applicant states, in effect, the above changes should be made to his
DD Form 214.
3. The applicant provides his DD Form 214; U.S. Total Army Personnel Command (PERSCOM) Orders S143-5, dated 28 July 1993; and Headquarters, XVIII Airborne Corps and Fort Bragg Orders 314-137, dated 10 November 1993.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant had prior enlisted service. On 13 April 1979, he was appointed as a Reserve Commissioned Officer Army in the rank of second lieutenant (2LT). He was assigned in Branch 11, Infantry (IN), and area of concentration (AOC) 11A.
3. Headquarters, U.S. Army John F. Kennedy Special Warfare Center Permanent Orders 87-7, dated 10 May 1984, show the applicant was awarded the Special Forces (SF) Tab and AOC 18A, in Branch 18, SF. On or about this time, AOC 18A was awarded as his secondary AOC.
4. A DA Form 1059-1 (Civilian Institution Academic Evaluation Report) for the period ending 26 March 1987 shows the applicant's basic Branch as 11 and secondary Branch as 18.
5. A DA Form 67-8 (Officer Evaluation Report) for the period 27 March 1987 through 26 March 1988 shows the applicant's primary AOC during this period was 18A.
6. There are no orders in the applicant's available records that show he was awarded Functional Area 39, Psychological Operations and Civil Affairs; however, a DA Form 67-8 for the rating period 3 July 1992 through 2 July 1993 shows his primary AOC during this rating period was 39B (Psychological Operations).
7. PERSCOM Orders 7-014, dated 12 January 1991, show the applicant was promoted to the rank/pay grade of major (MAJ)/04 effective 1 February 1991.
8. PERSCOM Orders S143-5, dated 28 July 1993, show the applicant was assigned to A Company, 8th Psychological Operations (PSYOP) Battalion, Fort Bragg, North Carolina and that he was retiring effective 31 March 1994 in the rank of MAJ.
9. On 31 March 1994, the applicant retired.
10. The applicant's DD Form 214 for the period ending 31 March 1994 shows the following:
* item 4a (Grade, Rate, Rank) "SFC"
* item 4b (Pay Grade) "E07"
* item 7a (Last Duty Assignment and Major Command) "A CO ATH [sic] PSYOP FT BRAGG, NC 28307 FORSCOM, FC"
* item 11 (Primary Specialty) "39B AUTOMATIC TEST EQUIPMENT OPERATOR/MAINTAINER - - 2 YRS- 0 MOS// NOTHING FOLLOWS"
* item 18 continued from item "18A SPECIAL FORCES"
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 for the period ending 31 March 1994 should be corrected to show the correct:
* rank and pay grade
* last unit of assignment
* specialty
2. The available evidence shows the applicant was initially appointed as 2LT in AOC 11A and he retired on 31 March 1994 in the rank and grade of MAJ/O4. His last unit of assignment and major command prior to retiring was Company A, 8th PSYOP Battalion, Fort Bragg, North Carolina. Therefore, his DD Form 214 should be corrected to show his rank and pay grade as MAJ/O4 and his last duty assignment as Company A, 8th PSYOP Battalion.
3. Although there are no orders in the applicant's available records that show he was awarded AOCs 18A and 39B, during the course of his career as a commissioned officer, he served in the following AOCs:
* 11A Infantry - 7 years and 11 months
* 18A SF - 5 years and 3 months
* 39B Psychological Operations - 1 year and 8 months
4. The applicant's DD Form 214 should be corrected to show the above AOCs.
BOARD VOTE:
____x____ ____x____ _____x___ GRANT FULL RELIEF
____ ____ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 4a of his DD Form 214 SFC;
b. adding to item 4a of his DD Form 214 MAJ;
c. deleting from item 4b of his DD Form 214 E07;
d. adding to item 4b of his DD Form 214 O4;
e. deleting from item 8a of his DD Form 214 A CO ATH PSYOP FT BRAGG, NC 28307 FORSCOM, FC;
f. adding to item 8a of his DD Form 214 A CO, 8TH PSYOP, FT BRAGG, NC 28307 FORSCOM, FC;
g. deleting from item 11 as continued in item 18 of his DD Form 214 39B AUTOMATIC TEST EQUIPMENT OPERATOR/MAINTAINER - - 2 YRS- 0 MOS and 18A SPECIAL FORCES; and
h. adding to item 11 of his DD Form 214:
* 11A Infantry - 7 years and 11 months
* 18A Special Forces - 5 years and 3 months
* 39B Psychological Operations - 1 year and 8 months
_______ _ 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) AR20100008574
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ABCMR Record of Proceedings (cont) AR20100008574
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