IN THE CASE OF:	  

		BOARD DATE:	  31December 2013

		DOCKET NUMBER:  AR20130007406 


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 (Report of Separation from Active Duty) for the period ending 13 May 1976 to show in:

* item 15 (Date Entered Active Duty This Period) the entry 30 July 1973 vice 14 May 1976 (i.e., 13 July 1973)
* item 16a (Primary Specialty) an entry to denote military occupational specialty (MOS) 51B1O (Carpenter)
* an entry to denote the dates he attended basic training (BT) 

2.  The applicant states the actual date he entered active duty on this DD Form 214 is incorrect, his training in MOS 51B1O is not noted, and his DD Form 214 does not mention his BT dates.  He reported for BT on 3 August 1973.

3.  The applicant provides his DD Form 214 for the period ending 13 May 1976, three pages of his DA Form 2-1 (Personal Qualification Record), six orders, 24 Leave and Earnings Statements (LES), two pages titled Individual Training Record, and one page titled Testing Appointment.

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 records show he enlisted in the Regular Army (RA) on 30 July 1973 for a period of 3 years.  He was assigned for BT to the U.S. Army Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood, MO. 

3.  He completed BT and he was assigned on 28 September 1973 for advanced individual training (AIT) in MOS 51B to the 3rd Battalion, 4th AIT Brigade, Fort Leonard Wood, MO.  He successfully completed AIT and he was awarded MOS 51B2O on 16 November 1973.

4.  On 3 December 1973, he was assigned in MOS 51B2O to the 548th Engineer Battalion, Fort Bragg, NC.  On 19 September 1974, he was promoted to the rank/grade of specialist four (SP4)/E-4. 

5.  On 13 May 1976, he was honorably discharged from the RA in the rank of SP4 for the purpose of immediate reenlistment.  He completed 2 years, 9 months, and 13 days of creditable active service during this period of service.

6.  Item 15 of the DD Form 214 he was issued for this period of service shows the entry 13 July 1973 and item 16a shows the entry 51B2O.  This DD Form 214 does not contain an entry that shows the dates he attended BT.

7.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) in effect at the time, shows that from October 1973 through December 1976, skill level 20 denoted entry-level MOS skill positions.  After December 1976, entry-level MOS positions were denoted by skill level 10.

8.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The version in effect at the time stated to enter the MOS held at the time of separation in item 16a.  There were no provisions to enter the dates of attendance at BT or AIT on the DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant entered active duty in the RA on 30 July 1973 while item 15 of his DD Form 214 for the period ending 13 May 1976 contains the entry 13 July 1973.  Therefore, he is entitled to the correction of his DD Form 214 from this period of service to show the correct date he entered active duty.

2.  With respect to showing MOS 51B1O on this DD Form 214, during this period of his active duty service skill level 2O denoted an entry-level MOS.  The evidence of record confirms he held MOS 51B2O at the time of his release from active duty on 13 May 1976, which is correctly shown on this DD Form 214.  Therefore, he is not entitled to this portion of the requested relief.

3.  With respect to entering the dates he attended BT to this DD Form 214, the omission of these dates from his DD Form 214 was not an error.  In accordance with Army Regulation 635-5, there were no provisions to add the dates of attendance at BT to the DD Form 214.  Therefore, he is not entitled to this portion of the requested relief.

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 the entry in item 15 of the applicant’s DD Form 214 for the period ending 13 May 1976 and replacing it with the entry 30 July 1973.






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 adding MOS 51B1O and the dates of his attendance at basic training to 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)                                         AR20130007406





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130007406



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1