IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110017394
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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to show that his primary specialty number in block 16a (Primary Specialty Number and Title) was that of a surgeon and that he completed the Special Forces Officer Course in block 27 (Remarks).
2. The applicant states that his DD Form 214 incorrectly reflects that his primary specialty was that of a general medical officer and it fails to reflect his completion of the Special Forces Officer Course.
3. The applicant provides a copy of his DD Form 214 and copies of his medical diplomas.
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 was commissioned as a U.S. Army Reserve (USAR) first lieutenant on 12 December 1970. He was ordered to active duty in the rank of captain on 6 August 1972 and was transferred to Vietnam on 8 September 1972 for duty as a surgeon in his primary specialty of 3150.
3. He departed Vietnam on 27 March 1973 and was transferred to Fort Bragg, North Carolina for assignment to the 7th Special Forces Group. On 8 June 1973, he was awarded the primary specialty of 33100 (General Medical Officer SF) and on 21 November 1973 he completed the 13-week Special Forces Officer Course. He was promoted to the rank of major on 18 May 1974.
4. On 5 August 1974, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 2 years of active service and was transferred to the USAR Control Group (Reinforcement). His DD Form 214 issued at the time of his REFRAD shows his primary specialty as "33100 Gen Med Off (SF)." Additionally, his completion of the 13-week Special Forces Officer Course is not reflected on his DD Form 214.
5. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that only information that is current in the official records at the time of separation will be entered on the DD Form 214. It also provided that only the primary specialty would be entered in block 16a. It further provided that only non-combat arms related courses of at least 1 week in duration would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his primary specialty of a surgeon and his completion of the Special Forces Officer Course should be entered on his
DD Form 214 has been noted.
2. The applicants primary specialty at the time of his REFRAD was that of a general medical officer, which is the entry reflected on his DD Form 214 in accordance with the applicable regulation.
3. The regulation in effect at the time also provided that only non-combat arms courses would be reflected on the DD Form 214 and the Special Forces Officer Course is considered a combat arms course. Accordingly, it was properly not entered on his DD Form 214.
4. Therefore, there appears to be no basis to grant his request to change his
DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20110017394
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110017394
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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