IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20110000341 


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 add his training as a combat engineer.  Additionally, he requests his military record reflect his assignment as a tank crew member, loader, and security guard.

2.  The applicant states he performed 8 weeks of advanced training at Fort Leonard Wood, MO as a combat engineer.  He also states while assigned to Korea during the period 4 December 1958 through 19 November 1959, he was not utilized as a combat engineer but as a tank crew member, loader, and security guard.  During this period he states he sustained a substantial injury which did not heal properly while working on an M47 tank in the tank park.

3.  The applicant provides:

* two DD Forms 214, for the period ending 22 November 1960 and
22 November 1966
* a DD Form 735 (Health Record - Abstract of Service)
* a medical form entitled (Symptoms, Diagnosis, Treatment, Treating Organization) with entries dated 27 January 1959, 10 April 1959, and
8 August 1959


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 record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States) that shows he enlisted in the Regular Army on 6 June 1958 with an initial assignment to the Corps of Engineers.  Records show he completed basic combat training at Fort Benning, GA.

3.  Special Orders 41, issued by Headquarters, 2d Infantry Division, Fort Benning, dated 7 August 1958, show the applicant was to report to Fort Leonard Wood for advanced individual training in military occupational specialty (MOS) 120.00 (Pioneer) on 29 August 1958.

4.  Special Orders 205, issued by Headquarters, Fort Leonard Wood, dated
14 October 1958, show the applicant was assigned to Company A,
1st Battalion, 1st Training Regiment, Engineer and lists his MOS as 510.00, (Construction Helper).

5.  The applicant's record does not contain official orders awarding him the primary MOS (PMOS) or secondary MOS (SMOS) of 510.00.  Additionally, his record does not contain certificates of training showing the exact dates he attended and/or completed MOS training.

6.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) lists his principal duty as “Driver” in duty MOS 64A while assigned to Headquarters Company, 1st Battle Group, 17th Infantry Regiment, during the period 3 December 1958 to 25 January 1960.

7.  Special Orders Number 234, issued by Headquarters, 1st Battle Group,
17th Infantry, dated 19 November 1959, lists the applicant’s PMOS as 510.00.

8.  Special Orders 136, issued by Headquarters 86th Engineer Battalion (Construction), Fort Dix, NJ, dated 29 July 1960, awarded the applicant the PMOS of 711.10 (Clerk Typist).  The order also lists his former MOS as 510.00.

9.  On 22 November 1960, the applicant was honorably discharged for immediate reenlistment.  Item 12 (Last Duty Assignment and Major Command) of the
DD Form 214 he was issued at the time shows the entry "Co B, 86th Engr Bn (Cons), Ft Dix, NJ).  Item 28 (Service Schools or Colleges, College Training, Courses and/or Post-Graduate Courses Successfully Completed) shows the entry “None.”

10.  The applicant reenlisted on 23 November 1960 for a period of 6 years.  He completed training at Fort Sam Houston, TX and was awarded PMOS 42D (dental laboratory specialist).

11.  Item 22 (Military Occupational Specialties) of his DA Form 20 lists his PMOS as 42D, Dental Laboratory Specialist, effective 12 June 1961.  No other MOS entries are listed.

12.  On 22 November 1966, the applicant was honorably discharged at the expiration of his term of service.  Item 12 of the DD Form 214 he was issued for this period of service shows the entry "USA RDA, WRAMC, Washington, DC."  Item 28 shows the entry:

SCHOOL OR COURSE
a.
DATES (From-To)
b.
MAJOR COURSES
c.
Fort Sam Houston Texas
Fort Sam Houston Texas
Bad Tolz Germany
    16 weeks 1961
    18 weeks 1962
      4 weeks 1965
  Dent Lab Spec  
  Dent Lab Spec (Adv)
  7A NCO Academy
13.  The applicant submitted a copy of a medical record that contains the entry:  8 August 1959, “hurt finger while working in tank park, no apparent damage, slight abrasion.”  The treatment prescribed was to soak it in hot water 3 times daily, and to keep the wound cleaned and dressed.  There is no identification associated to the document.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release 


from active duty, retirement or discharge.  The version of the regulation in effect at the time states for:

* item 12, enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization
* item 28, enter service schools, including dates and major courses which were successfully completed.  This entry also includes military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared

There is no provision for listing duty position titles on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to add his training as a combat engineer and subsequent assignment as a tank crew member, loader, and security guard were carefully considered and it was determined that there is insufficient evidence to support his request.

2.  With respect to his military education in MOS 510.00 as a combat engineer, the applicant’s record does not contain evidence nor did he provide evidence in the forms of certificates of training, certificates of completion, or any other corroborating evidence that shows he successfully completed the requested course.

3.  With respect to the applicant’s assertion that he was assigned as a tank crew member, loader, and security guard while assigned to the 1st Battle Group,
17th Infantry Regiment, his records do not contain assignment or reassignment orders to the requested positions.  Additionally, his DA Form 20 lists his principal duty as "Driver" for the period in question.  In the absence of evidence to the contrary, it is presumed the entry regarding his duty assignment to the units listed on his DD Forms 214 are correct.  Additionally, there is no provision for listing duty position titles on the DD Form 214.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


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)                                         AR20110000341



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ABCMR Record of Proceedings (cont)                                         AR20110000341



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