IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140004181
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in:
* item 12 (Last Duty Assignment and Major Command) "HHC 1/327 101ST ABN DIV USARPAC"
* item 23a (Specialty Number and Title) "94B2P"
* item 25 (Education and Training Completed) "Parachute School USAIS 3 weeks"
2. The applicant states he was assigned to the "1/327 not 1/321" which didn't exist. He attended Parachute School at the 4th Student Battalion Training Support Brigade, Fort Benning, GA and as such his specialty code should read "94B2P."
3. The applicant provides:
* Headquarters, The Student Brigade, U.S. Army Infantry School (USAIS), Special Orders Number 220
* DA Form 2658 (Health Record Abstract of Service)
* Headquarters, 1st Brigade 101st Airborne Division, Letter Order Number 8-117
* DA Form 1049 (Personnel Action)
* Request for Extension of Overseas Tour
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214
* DD Form 256A (Honorable Discharge)
* U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 01-1034018
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. On 11 February 1966, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty (MOS) 94B (Cook). The highest rank he held was specialist five/pay grade E-5.
3. His DA Form 20 shows in:
* item 22 (MOSs) that his primary MOS was 94B2P
* item 28 (Specialized Training) that he completed 3 weeks of Basic Airborne training on 23 September 1966
* item 38 (Record of Assignments) that his last unit of assignment was Headquarters and Headquarters Company (HHC), 1st Battalion, 327th Infantry (Airborne)
4. Headquarters, The Student Brigade, USAIS, Special Orders Number 220, dated 21 September 1966, show he was assigned to hazardous parachute duty effective 29 August 1966, that he was awarded the Parachutist Badge, and that he was awarded the airborne MOS special qualification identifier of "P."
5. His record contains Headquarters, U.S. Army Personnel Center Special Orders Number 352, dated 17 December 1968, showing he was being released from active duty on that date. The standard name line shows his primary MOS as 94B2P. Multiple other orders and documents in his record show his primary MOS as 94B2P.
6. On 17 December 1968, he was honorably released from active duty after completing 2 years, 10 months, and 7 days of active service. His DD Form 214 shows in:
* item 12 "HHC 1/321 101ST ABN DIV USARPAC"
* item 23a "94B2O"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) Parachutist Badge
* item 25 "FOOD SERVICE USATCA 8 WKS 66"
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It provided for entering service schools, including dates and major courses which were completed successfully during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. His DA Form 20 shows he completed the Basic Airborne Course in September 1966. Therefore, he is entitled to correction of his DD Form 214 to show this completed course.
2. His DA Form 20 and multiple orders in his record show his primary MOS was 94B2P through the end of his military service. Therefore, he is entitled to correction of his DD Form 214 to show this specialty.
3. His DA Form 20 shows his last unit of assignment was HHC, 1st Battalion, 327th Infantry. Therefore, he is entitled to correction of his DD Form 214 to show his last duty assignment and major command as "HHC 1/327 101ST ABN DIV USARPAC."
BOARD VOTE:
___ x____ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show in:
* item 12 "HHC 1/327 101ST ABN DIV USARPAC"
* item 23a "94B2P"
* item 25 "Basic Airborne School, USAIS, 3 weeks, September 1966"
___________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) AR20140004181
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140004181
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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