IN THE CASE OF:	  

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100026036 


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 discharge document to show military occupational specialty (MOS) 0861 (Surgical Technician).

2.  The applicant states he was assigned to the U.S. Army 306th Field Hospital in France in 1952 and 1953 and his MOS was 0861 (Surgical Technician).

   a.  The Army hospital was part of the North Atlantic Treaty Organization and was not in active operation at the time.  As a result, the unit's medical personnel were placed on temporary duty and detailed to various Army units to perform dispensary or station hospital duty.

   b.  After a few months, the baker in his assigned unit was returned to the United States and the unit was without a baker.
   
   c.  While he was in high school he had worked as a baker and his initial Army separation document shows this.  His commander asked him to perform the duties of baker until a replacement arrived, which the applicant did for a few months.  Consequently, when he was discharged from the Army in 1953, his MOS was listed as a MOS 1017 (Baker).

   d.  He states he was school trained by the Army as a surgical technician, he never received training in the Army as a baker, and the MOS on his discharge document should be corrected.

3.  The applicant provides a copy of his military training certificate.
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 military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  A WD AGO Form 100 (Separation Qualification Record) shows the applicant entered into active service on 18 August 1948 and he was separated on
22 November 1949.

   a.  Summary of Military Occupations, item 13 (Title - Description - Related Civilian Occupation), shows "Surgical Technician (0861); served as surgical technician with 60th Station Hospital at Fort Dix, NJ; performed duties by assisting doctor in the preparation of patients for operation and by sterilizing equipment; also gave first aid treatment and transported patients in wheel chairs around hospital."

   b.  Military Education, item 14 (Name or Type of School - Course or Curriculum - Duration - Description), shows "MD [Medical] - Surgical Tech[nician], 8 weeks, Fort Sam Houston, Texas."

   c.  Civilian Occupations, item 22 (Title - Name and Address of Employer - Inclusive Dates - Description), shows "Baker Apprentice 7-99.210; worked as baker apprentice for Pecks Bakery Co[mpany] from 1945 - 1947 in Lafayette, LA; assisted baker in the mixing of ingredients for making bread, cakes and pies; also placed dough into oven and removed when baked; kept kitchen in a sanitary condition."

4.  The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he entered active service in the U.S. Army on 11 July 1952, he was honorably separated from active duty on 30 April 1953, and he was transferred to the Enlisted Reserve Component (Medical Corps), Fourth Army Area to complete his Reserve obligation.  He had completed 9 months and
20 days of net active service; 1 year, 3 months, and 5 days of other service; and 2 years and 25 days of total net service for pay purposes.  It also shows in:

   a.  item 5 (Qualifications), Specialty Number or Symbol, "1017" and for Related Civilian Occupation and D.O.T. [Dictionary of Occupations Titles] Number, "Baker 4-01.100";

   b.  item 28 (Most Significant Duty Assignment) he was assigned overseas to the 306th Field Hospital; and

   c.  item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Courses Successfully Completed) and item 31 (Service Training Courses Successfully Completed) both show the entry "None."

5.  In support of his application, the applicant provides a copy of a U.S. Army, Medical Department Special Schools, training certificate that shows he satisfactorily completed the Surgical Technician Course at the Medical Field Service School, Brooke Army Medical Center, Fort Sam Houston, Texas on
5 November 1948.

6.  Service Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's separation from the Army, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  The instructions for item 5 state enter the specialty number or code and the civilian occupation as shown on the WD AGO Form 100 or WD AGO Form 20 (Service Record); the corresponding code from the D.O.T. will be shown to the right of the description.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 5 of his 30 April 1953, DD Form 214 should be corrected because he was school trained in MOS 0861 and performed duties as a surgical technician.
2.  Records show the applicant successfully completed the Surgical Technician Course at the Medical Field Service School, Brooke Army Medical Center, Fort Sam Houston, Texas on 5 November 1948 and he was awarded MOS 0861.

3.  There is no evidence the applicant completed any other formal military training or that he was awarded another MOS subsequent to 5 November 1948.

4.  Thus, in view of the evidence of record, the applicant's comments that he was temporarily detailed as a baker in his unit and that this resulted in the erroneous entry in item 5 of his DD Form 214 are found to have merit.  Therefore, it would be appropriate to correct item 5 of his DD Form 214.

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 5 of his 30 April 1953, DD Form 214 the entries "1017" and "Baker 4-01.100" and 

   b.  adding to item 5 of his 30 April 1953, DD Form 214 the entries "0861" and "Medical Technician 01.322."




      _______ _   __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)                                         AR20100026036



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ABCMR Record of Proceedings (cont)                                         AR20100026036



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