IN THE CASE OF:	  

		BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140011279 


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 item 28 (Most Significant Duty Assignment) of his DD form 214 (Report of Separation from the Armed Forces of the United States) to show he was performing the duties of a medical officer.

2.  The applicant states item 28 is missing information, in that the duties he performed were not listed.  At the time of his induction into the Army of the United States (AUS), he was placed in the rank of private and assigned to military occupational specialty (MOS) 141.10 (Field Artillery Crewman).  It was his job to load shells into big guns.  However, he also provided chiropractic services for Soldiers in Germany.  Therefore, he was performing the duties of a medical officer.  Furthermore, he held the following qualifications at the time of his induction:

* he was a high school graduate
* upon successful examination by the Iowa State Science Board, had earned a certificate of proficiency in anatomy, chemistry, bacteriology, physiology, pathology, and public hygiene
* he was a college graduate with a D.C. degree (chiropractic physician) 
* he earned a certificate in radiology
* he had been licensed to practice as a chiropractic physician by the Iowa State Board of Health
* he had served a period of internship in a research clinic with laboratory experience
* he had served a period of externship with private practice experience
* he was an accomplished musician, he played the trumpet with a professional dance band and he was a member or the trumpet trio that won first place in the Iowa state music contest
* he was able to touch type 60 words per minute without errors and had an interest in aviation and electronics 

3.  The applicant provides copies of his DD Form 214, a newspaper article titled "288th Chiropractor Bumps Backs," and a self-authored statement.

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 complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.

3.  He provided his DD Form 214 that shows he was inducted into the Army of the United States on 14 July 1954 and served in MOS 141.10.  The highest rank/grade he attained while serving on active duty was private first class/E-3.

4.  His records do not contain evidence showing he was commissioned officer, a medical officer, or that he held a medical MOS.

5.  His DD Form 214 shows he was honorably released from active duty on 
29 May 1956.  Additionally, the entry in item 28 indicates his most significant duty assignment was as a trumpet player assigned to Battery A of the 288th Armored Field Artillery Battalion.

6.  He provided a newspaper article that states:
	a.  Despite being an enlisted Soldier assigned to the 288th Armored Field Artillery Battalion in Germany, serving as a cannoneer, he was one of a very few enlisted Soldiers who also held a medical degree and the title of doctor in his civilian capacity.

	b.  In addition to cannoneering,  he also played the bugle with the 30th Field Artillery Group Drum and Bugle Corps and used his skills as a chiropractor to help alleviate the "strains and taut muscles" of the members of the 30th Field Artillery Group boxing team.

7.  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 established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served on active duty from 
14 July 1954 to 29 May 1956.  This record does not contain any appointments or orders showing he was assigned the duties of a medical officer or that he held a medical MOS as an enlisted Soldier.  The evidence he provided simply indicates he volunteered his services to his unit's boxing team.  It does not indicate that he performed this service in an official capacity or that this was an official assignment.

2.  Unfortunately, his record does not contain and he has not provided sufficient evidence to justify changing the entry in item 28 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)                                         AR20140011279





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ABCMR Record of Proceedings (cont)                                         AR20140011279



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