IN THE CASE OF:	  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140003368 


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) ending on 21 November 1977 to show:

* completion of advanced individual training (AIT) at Fort Ord, CA
* completion of the Nuclear, Biological, and Chemical (NBC) School in Korea
* his signature and that of the officer authorized to sign the form

2.  The applicant states the missing information should be corrected to validate the authenticity of the military record. 

3.  The applicant provides:

* Congressional correspondence
* DD Forms 214, ending on 25 November 1974 and 21 November 1977
* DA Form 2-1 (Personnel Qualification Record)
* Standard Form 600 (Chronological Record of Medical Care)

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 January 1973.  He completed basic combat training at Fort Leonard Wood, MO, on or about 31 May 1973. 

3.  He was assigned to the 365th Transportation Company, Fort McCllelan, AL for completion of AIT.  While there, he was reported in an absent without leave (AWOL) status from 19 to 30 June 1973.  

4.  On 7 August 1973, he was convicted by a special court-martial of being AWOL from 19 to 30 June 1973.  The court sentenced him to hard labor without confinement for 30 days, forfeiture of pay, and a reduction in grade. 

5.  He appears to have reenrolled into another AIT course and ultimately completed the 8-week Motor Transport Operator Course at Fort McClellan, AL. 

6.  He served in Korea from on or about 7 August 1974 to on or about 27 August 1978.  On 14 August 1974, Headquarters, 2nd Infantry Division, published Special Orders Number 157, awarding him primary military occupational specialty (MOS) 64C2O (Motor Transport Operator). 

7.  While in Korea, he was honorably discharged on 25 November 1974 for the purpose of immediate reenlistment in the RA.  His DD Form 214 for this period of service shows he completed 1 year, 9 months, and 26 days of active service during this period.  It also shows in:  

* Item 16a (Primary Specialty Number and Title) - 64C2O Motor Transport Operator, see item 27 (Remarks)
* Item 27, Date awarded: 73-05-24, date tested November 1974, Score DNA, Department of the Army Message 252247Z January 1974

8.  His records contain multiple USAREC Forms 10 (Enlisted Evaluation Data Report) that list his MOS Evaluation Score (ES).  An ES shows how he compared with all other individuals of his grade who were evaluated in the same MOS and skill level.  His ES scores over the years were: 1973: 131; 1974: 137; 1975: 138; 1976: Not available; 1977: None taken.  

9.  He reenlisted in the RA on 26 November 1974.  He served in Germany from on or about 13 January 1976 to on or about 15 November 1977.  He was honorably released from active duty on 21 November 1977.  His DD Form 214 for this period of service shows he completed 2 years, 11 months, and 26 days of active service during this period.  It also shows in:  

* Item 16a - 64C2O Motor Transport Operator, 73-5-24 (24 May 1973)
* Item 27, ES 138, dated 75-11; EM (Enlisted Member) has no ES Score for 1977
* Item 29 (Signature of Person Being Separated) - a faded signature
* Item 31 (Signature of Officer Authorized to Sign), a faded signature 

10.  His DA Form 2-1 (Personnel Qualification Record) shows in item 17 (Civilian Education and Military Schools) the entry "EUSA (Eighth U.S. Army, Korea, Noncommissioned Officer (NCO) Academy, 3 weeks, Yes, 1975."  However, it is unclear what course he attended.  

11.  There is no indication (such as a diploma, a memorandum, a certificate of training, an entry on a record, or academic evaluation report) in his records that confirms he attended NBC School.

12.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The version in effect at the time stated: 

   a.  Item 16a shows the MOS code, title, and date of award.  Also for enlisted Soldiers, enter the primary MOS evaluation score and date of score.  If enlisted Soldier had not received a score, enter "None." 

   b.  Item 17a shows the MOS code, title, and date of award.  Evaluation score for the secondary is not required.

   c.  Item 26 shows formal in-service training courses completed during the period covered by the DD Form 214.

	d.  Items 29 and 31 show the signatures of the Soldier and the official preparing the DD Form 214.



DISCUSSION AND CONCLUSIONS:

1.  The applicant completed the 8-week Motor Transport Operator Course at Fort McClellan, AL, in 1973.  There is no harm to the Army and the Soldier if this course is listed in item 27 of his DD Form 214, ending on 25 November 1974.  

2.  Although item 17 of his DA Form 2-1 shows the entry "EUSA NCO Academy, 3 weeks, Yes, 1975," it is unclear what course he attended.  There is no evidence in his records (such as a diploma, a memorandum, a certificate of training, an entry on a record, or academic evaluation report) and he provides none to show completion of the NBC course.  Therefore, there is insufficient evidence to grant him this relief. 

3.  The file copy of his DD Form 214 ending on 21 November 1977 shows a signature by himself and the official who prepared this form.  However, when copying this form, the signatures do not show.  An equitable remedy is to re-issue the applicant's DD Form 214, ending on 21 November 1977. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

   a.  adding to item 27 of his DD Form 214, ending on 25 November 1974, the entry "Motor Transport Operator, 8 weeks 1973" and
   
   b.  reissuing the DD Form 214 ending on 21 November 1977 and providing him a copy of this form.

2.  The Board further determined 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 the NBC School to his DD Form 214 ending on 21 November 1977. 




      _______ _   _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)                                         AR20140003368





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ABCMR Record of Proceedings (cont)                                         AR20140003368



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