IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140007747
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his rank as private/E-2 and his secondary military occupational specialty (SMOS) of Armor.
2. The applicant states he was discharged as a private/E-2 and, after discharge, he received a DD Form 214 showing this rank along with his Armor SMOS. He lost this DD Form 214 in a flood and, when he requested a replacement copy, what he received showed his rank at private/E-1 and nothing about his SMOS.
3. The applicant provides no additional evidence.
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. He enlisted in the Regular Army on 31 July 1970. He completed basic combat and advanced individual training and he was awarded MOS 94B (Cook) on or about 27 November 1970.
3. Following completion of MOS school, he was assigned to 1st Squadron, 3rd Armored Cavalry Regiment, Fort Lewis, WA, where he performed duties as a cook. He was advanced to private first class (PFC)/E-3 on 25 April 1971.
4. His DA Form 20 (Enlisted Qualification Record) shows he was awarded SMOS 11D (Armor Reconnaissance Specialist) on 26 August 1971.
5. He served in Vietnam, in MOS 94B as a cook, from on or about 4 December 1971 to on or about 19 June 1972. On 22 March 1972, he was reduced to private/E-2 by Headquarters, U.S. Army Support Command Saigon Special Orders Number 85.
6. He was reassigned to Fort Jackson, SC, and was again advanced to PFC/E-3 on 8 October 1972. However, he was again reduced to PVT/E-2 on 19 January 1973.
7. On 6 September 1973, he was reduced to private (E-1) by authority of Special Court-Martial Order Number 10, issued by Headquarters, Support Command,
Fort Jackson, SC.
8. He was honorably released from active duty on 21 September 1973. He completed 3 years of active service during this period with 53 days of lost time. His DD Form 214 shows in:
* Item 5a (Grade, Rate or Rank) - PV1
* Item 5b (Pay Grade) - E-1
* Item 6 (Date of Rank) - 6 September 1973
* Item 23a (Specialty and Number) - 94B2O, 27 November 1970, Cook
* Item 25 (Education and Training) - Cook, 94B2O, Fort Leonard Wood, MO, 8 weeks 1970
9. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It stated:
* items 4a and 4b, show the rank/grade at the time of separation
* item 6, shows the date of rank
* item 23a shows the PMOS code number and title
* item 25 shows the education and training completed by the Soldier
DISCUSSION AND CONCLUSIONS:
1. With respect to the rank/grade, the evidence of records shows the applicant was convicted by a special court-martial on 6 September 1973. He was sentenced to be reduced to the rank/grade of PV1/E-1. He held this rank/grade at the time of separation on 21 September 1973. There is no evidence in his records and he provides none to show he was promoted back to PV2/E-2 between the date of his reduction and the date of his separation. Therefore, his rank and grade are properly shown on his DD Form 214 and there is no reason to change them.
2. With respect to the SMOS, the regulation governing the DD Form 214 at the time required an entry in item 23a for the PMOS. There was no requirement to include an SMOS on the DD Form 214. As such, there is no basis for adding his SMOS to 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) AR20140007747
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ABCMR Record of Proceedings (cont) AR20140007747
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