IN THE CASE OF: 

		BOARD DATE:	    8 April 2014

		DOCKET NUMBER:  AR20130013658 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

	a.  he completed his General Educational Development (GED);

	b.  he served as a cook;

	c.  his dates of service in Vietnam; and

	d.  he had a monthly allotment in the amount of $100.00. 

2.  The applicant states, in effect:

* in 1968 he was required to get his GED before he got out of basic training, which he did
* he served as a cook in Vietnam because there was no welder position
* he sent a $100.00 allotment home each month
* his DD Form 214 should show he served in country
* he does not have any records from when he was in Vietnam  

3.  The applicant provides a copy of his DD Form 214.




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 induction record shows he completed 11 years of education.  He was inducted into the Army of the United States on 30 October 1968.  He completed his training and was awarded military occupational specialty (MOS) 44K (marine hull repairman).  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 44K during his assignment in Vietnam.  On 31 July 1970, he was honorably released from active duty (REFRAD).  

3.  His DD Form 214 shows in:

* item 23a (Specialty Number and Title) – he was awarded MOS 44K
* item 27a (Insurance in Force) – the entry "NA" (Not Applicable)
* item 27b (Amount of Allotment)  – the entry "NA" 
* item 30 (Remarks) – the entries "EDUC" (Education): 11 YRS (Years) and "VIETNAM SVC (Service) 17AUG69-28JUN70" (17 August 1969 to 
      28 June 1970) 
      
4.  Since his Vietnam service is shown in item 30 of his DD Form 214, this portion of his request will not be discussed further in these proceedings.

5.  Item 32 (Civilian Education) of his DA Form 20 shows he completed 3 years of high school in 1967.

6.  There is no evidence which shows he completed his GED prior to his REFRAD.

7.  There is no evidence which shows he was awarded or held MOS 94B (cook).

8.  There is no evidence which shows he had government life insurance with an allotment in the amount of $100.00.
9.  Army Regulation 635-5 (Separation Documents), in effect at the time,  prescribed 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.  It stated:

	a.  for item 27a if the individual has government life insurance (National Service Life Insurance or United States Government Life Insurance), enter an 
X in the "yes" block.  If the individual has indemnity protection only, enter an X in the "No" block.  

	b.  for item 27b, enter amount of allotment if insurance premiums are currently being paid by allotment; otherwise enter "NA."

	c.  for item 30, for enlisted personnel enter the highest civilian education level attained as the first entry in this block when not adequately covered in block 25.  This information will be taken from the DA Form 20. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he completed his GED while in basic training and his DD Form 214 should be corrected to show this.  However, there is no evidence of record and he provides no evidence which shows he completed his GED.  The governing regulation states the highest civilian education level attained will be entered in item 30 of the DD Form 214 and this information will be taken from the DA Form 20.  His DA Form 20 shows he completed 3 years of high school and item 30 of his DD Form 214 shows he completed 11 years of education.  Therefore, there is insufficient evidence on which to base amending item 30 of his DD Form 214 to show he completed his GED.    

2.  Although he contends he served a as a cook in Vietnam, there is no evidence of record and he provides no evidence to support this contention.  Therefore, there is insufficient evidence on which to base amending item 23a of his 
DD Form 214.

3.  It appears he wants item 27b of his DD Form 214 corrected to show he sent a $100.00 allotment home each month.  However, item 27b of the DD Form 214 pertains to government life insurance premiums.  Since there is no evidence and he provides no evidence which shows he had government life insurance with an allotment in the amount of $100.00, there is insufficient evidence on which to base amending item 27b of his DD Form 214. 


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)                                         AR20130013658





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ABCMR Record of Proceedings (cont)                                         AR20130013658



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