IN THE CASE OF:	  

		BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120006750 


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 two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct:

* dates of service
* military occupational specialties (MOSs)
* period of service in the Federal Republic of Germany (FRG)
* promotion status
* insurance policy

2.  The applicant states, in effect, his DD Forms 214 do not complement each other because they do not contain the correct information.  He contends he served in the United States for 1 year and the remainder of the 5 years was served in the FRG.  He also contends that he held two additional MOSs that are not listed on his DD Forms 214.  They are MOS 63B2O (Wheeled Vehicle Mechanic) and MOS 63C2O (Track Vehicle Mechanic).  After arriving in the FRG, he made rank quickly and was promoted to senior track recovery specialist but none of this information is shown on his DD Forms 214.  He also questions the status of an insurance policy he thought was still in force.

3.  The applicant provides copies of:

* DD Form 214 ending on 19 February 1969
* DD Form 214 ending on 18 February 1972


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 first DD Form 4 (Enlistment Record) indicates that he enlisted in the Regular Army (RA), effective 20 January 1967, for a period of 3 years.

3.  Special Orders Number 49, from the 3rd Infantry Division, dated 19 February 1969, announced the applicant's discharge effective 19 February 1969 and reenlistment in the RA, effective 20 February 1969, for 3 years.

4.  The applicant's second DD Form 4 indicates he enlisted in the RA, effective 20 February 1969, for 3 years, in agreement with the orders discussed in the previous paragraph.

5.  Special Orders Number 35, Fort Devens, MA, dated 17 February 1972, announced the applicant's release from active duty (REFRAD) effective 
18 February 1972.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in Item 22 (Military Occupational Specialties):

* Primary MOS: 44C2O (Welder)
* Secondary MOS: 63C2O (Track Vehicle Mechanic)
* Additional MOS: 63B2O (Wheel Vehicle Mechanic)

	b.  in Item 33 (Appointments and Reductions):

* Private, E1, 20 January 1967
* Private, E2, 26 June 1967
* Private First Class, pay grade E3, 27 November 1967

* Specialist Four, pay grade E4, 7 March 1968
* Specialist Five, pay grade E5, 6 September 1969

	c.  in Item 38 (Record of Assignments):

* 20 January - 4 February 1967:  Basic Combat Training at Fort Jackson, South Carolina
* 1 April - 18 May 1967:  Advanced Individual Training at Fort Dix, New Jersey
* 19 May 1967:  Departed Fort Dix for Fort Knox, Kentucky
* 12 June - 1 August 1967:  Attended Track Vehicle Mechanic Course
* 2 August 1967:  Departed Fort Sill, Oklahoma for Europe
* 9 August 1967 - 18 February 1969:  Assigned to 2nd Battalion, 30th Infantry Regiment (1 year, 6 months, and 13 days)
* 19 February 1969:  Discharged for immediate reenlistment
* 20 February 1969 - 25 July 1971:  Assigned to 2nd Battalion, 30th Infantry Regiment (2 years, 5 months, and 9 days)
* 26 July 1971: Enroute to United States
* 9 September 1971:  Assigned to 594th Maintenance Company, Fort Devens, MA

7.  The applicant's DD Form 214 for the period ending on 19 February 1969 shows:

	a.  he enlisted on 20 January 1967 for 3 years;

	b.  his specialty number and title at the time of reenlistment was 44C2O (Welder);

	c.  he had completed formal training as both a wheel and track vehicle mechanic;

	d.  he had attained the rank of specialist four, E4;

	e.  he did not have any insurance in force.

	f.  he had completed 1 year, 6 months, and 13 days of foreign service as of 19 February 1969; and

	g.  he had completed a total of 2 years and 1 month of active service.



8.  The applicant's DD Form 214 for the period ending on 18 February 1972 shows:

	a.  he had reenlisted on 20 February 1969 for 3 years;

	b.  he had attained the rank of specialist five, E5;

	c.  his specialty number and title at the time of REFRAD was 44C2O (Welder);

	d.  he did not have any insurance in force.

	e.  he had completed 2 years, 5 months, and 9 days of foreign service during the period from 20 February to his REFRAD on 18 February 1972; and

	f.  he had completed a total of 5 years and 1 month of active duty service.

9.  Army Regulation 635-5 (Separation Documents), as was then in effect, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.  The 
DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.  It provided only for showing the Soldier's primary MOS number and title.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Forms 214 do not complement each other and they fail to show his correct:

* dates of service
* MOSs
* period of service in the FRG
* promotion status
* insurance policy in force

2.  A review of the applicant's records clearly shows that all data contained on both DD Forms 214 covering his active duty service is in agreement with those records.  The applicant enlisted in the RA on 20 January 1967, he immediately reenlisted without a break in service on 20 February 1969, and he was REFRAD on 18 February 1972.


3.  The applicant served in the FRG from on or about 9 August 1967 to 26 July 1971, which equals approximately 3 years, 11 months, and 22 days.  This foreign service was divided between the two DD Forms 214 due to his immediate reenlistment.

4.  The applicant's records show he was awarded three MOSs during his periods of service; however, the governing regulation in effect at the time provided that only the primary MOS would be listed on the DD Form 214.  His first DD Form 214 does list his training as both a wheel vehicle and track vehicle mechanic.

5.  The evidence of record shows the applicant was advanced in a timely manner throughout his 5 years of service and he attained specialist five, pay grade E5.

6.  Both DD Forms 214 clearly indicate that he did not have any insurance in force at the time of reenlistment or REFRAD.  The applicant has not provided any documentary evidence showing that these entries are in error.  Neither has he offered any explanation or argument concerning his belief that such insurance should still be in force.

7.  There is no evidence of error or injustice.  Therefore, the applicant's request should be denied.

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)                                         AR20120006750



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ABCMR Record of Proceedings (cont)                                         AR20120006750



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