IN THE CASE OF:	  

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110014293 


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 item 5a (Grade, Rate or Rank), item 5b (Pay Grade), item 6 (Date of Rank), item 23a (Specialty Number & Title), and item 25 (Education and Training Completed) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his DD Form 214 should be corrected to document the correct rank and pay grade and military occupational specialty (MOS) and MOS training completed. 

3.  The applicant provides training certificates and promotion orders 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 was inducted into the Army of the United States on
18 November 1965.  His DA Form 20 (Enlisted Qualification Record) shows in item 22 (MOSs) he was initially awarded MOS 71A (Clerk) on 12 April 1966 and later primary MOS 71D (Legal Clerk) on 18 October 1966.  Item 27 (Military Education) is blank and Item 33 (Appointments and Reductions) shows he was advanced to specialist four (SP4)/E-4 on 26 August 1966, and that this is the highest rank/grade he attained while serving on active duty.

3.  Item 38 (Record of Assignments) of his DA Form 20 shows the applicant completed advanced individual training (AIT) at Fort Polk, LA on 16 April 1966.  It further shows upon completion of AIT, he was assigned to Fort Hood, TX, where he performed duties in duty MOS 71A as a company clerk.  On 20 July 1966, he departed Fort Hood for assignment to the 58th Field Depot, Sharp Army Depot, Lathrop, CA, where he arrived on 5 August 1966, and was assigned duties in duty MOS 74D (Card Punch Operator).  On 22 November 1966, he moved with his unit to the Republic of Vietnam (RVN) where he served in duty MOS 71B (clerk typist) until his departure on 8 November 1967.

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any orders or other documents showing he was ever promoted to specialist five (SP5)/E-5 or that he was ever awarded MOS 74D.  The MPRJ contains a copy of Special Orders Number 300, issued by Headquarters, Support Command-Qui Nhon, RVN, dated 27 October 1967, that directed the applicant’s reassignment to the U.S. Army Vietnam (USARV) on 6 November 1967 for movement to Fort Lewis, WA for separation processing.  These orders listed his rank/grade as SP4/E-4 and his MOS as 71B2O in the standard name line.  It also contains Special Orders Number 315, issued by the U.S. Army Personnel Center, Fort Lewis, dated 11 November 1967.  These orders directed the applicant's release from active duty and listed his rank/grade as SP4/E-4 and his MOS as 71D in the standard name line.

5.  On 11 November 1967, the applicant was honorably released from active duty.  The DD Form 214 he was issued at the time shows his rank/grade as SP4/E-4 in items 5a and 5b, and his date of rank as 26 August 1966 in item 6 (Date of Rank).  Item 23a (Specialty Number and Title) lists his MOS and title as 71D, Legal Clerk.  Item 25 (Education and Training Completed) shows the entry "None."


6.  The applicant provides a copy of Special Orders Number 314, issued by the U.S. Army Support Command-Qui Nhon, RVN, that indicates he was promoted to SP5/E-5 in MOS 74B2O on 10 November 1967. 

7.  The applicant also provided training certificates issued at Fort Polk that show he completed the 71A course on 18 March 1966 and the 71B course on 15 April 1966.

8.  Army Regulation 635-5 (Separation Documents) prescribes the documents that will be furnished Soldiers upon separation from the Army.  It also establishes policy for the preparation and distribution of the DD Form 214.  The version of the regulation in effect at the time stipulated the DA Form 20 and documents and orders in the MPRJ were the source records for entries on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct item 25 of his DD Form 214 to document his completion of the 71A and 71B course has been carefully considered and found to have merit.  The certificates provided by the applicant are corroborated by entries in item 38 of the applicant’s DA Form 20.  Therefore, it would be appropriate to document the applicant’s completion of these courses in item 25 of his DD Form 214.

2.  The applicant’s request to correct items 5a, 5b, 6 and 23a of his DD Form 214 has also been carefully considered.  However, there are no entries on the applicant’s DA Form 20 or documents in his MPRJ that corroborates the information contained on the promotion orders he now provides more than
40 years after the fact.  Given the orders were dated after he departed his RVN unit for separation processing and absent any corroborating entries or documents in his records to confirm the validity of the orders, there is an insufficient evidentiary basis to support correction of this information on his 
DD Form 214.

3.  The applicant and all others concerned should know this action related to his rank/pay grade and date of rank in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


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 25 of his DD Form 214 the entry "None" and replacing it with the entries:

* “MOS 71A, Administration and Personnel Management Course, 4 weeks, 1966”
* “MOS 71B, Administration and Personnel Management Course, 4 weeks, 1966”

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 correction of item 5a, 5b, 6, and 23a of his DD Form 214.



      ___________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)                                         AR20110014293



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ABCMR Record of Proceedings (cont)                                         AR20110014293



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