IN THE CASE OF:	  

		BOARD DATE:	  17 March 2015

		DOCKET NUMBER:  AR20140012463 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show in:

* item 5a (Grade, Rate, or Rank) – SGT(P) (indicating sergeant permanent)
* item 22c (Foreign and/or Sea Service) – "01  01  23" (indicating 1 year, 1 month, and 23 days)
* item 23a (Specialty Number and Title) –76Y4S ("4" indicating skill level and "S" indicating the special qualification identifier (SQI) for Special Forces (SF))

2.  He states his DA Form 20 (Enlisted Qualification Record) verifies the correct information.  He offers the "S" in his primary military occupational specialty (MOS) indicates he was SF qualified.  He pointed out these errors at the time of his separation, but he was told it would take a week to correct.

3.  He provides:

* self-authored statement
* DD Form 214
* DA Form 20
* Honorable Discharge Certificate
* document titled, "Vietnam Era Military Occupational Specialties"
* excerpts from Army Regulation 600-200 (Enlisted Personnel Management System)
* Internet article titled, "Description and History of the SF Tab and the Green Beret"

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 enlisted in the Regular Army on 16 March 1965.

3.  His DA Form 20 shows in:

	a.  item 22 (MOS), his primary MOS as 76Y4S (Unit and Organization Supply Specialist) effective 18 July 1967;

	b.  item 31 (Foreign Service), service in U.S. Army Europe (USAREUR)-Germany from 13 December 1966 to 23 February 1968;

	c.  item 33 (Appointments and Reductions):

* SP4(P) (specialist four permanent) with a date of rank (DOR) of 13 May 1966
* SGT(T)/E-5 (sergeant temporary) with a DOR of 15 March 1967 by Headquarters, 10th SF Group, Special Orders Number 67
* SGT(P)/E-5, U.S. Army Reserve (USAR), with a DOR of 18 December 1967 under authority of Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction), paragraph 5

	d.  item 38 (Record of Assignments):

* 17 August to 7 November 1966 – Engineer Training (SF Training), Company C, SF Training Group, Fort Bragg, NC
* 7 November 1966 – en route to USAREUR
* 15 December 1966 – Company C, 10th SF Group (Airborne), USAREUR, as the assistant supply sergeant in MOS 76Y4S
* 4 December 1967 – en route to the continental United States

4.  The applicant's records are void of orders promoting him to SGT/E-5.

5.  He was honorably released from active duty on 18 December 1967 as an overseas returnee and transferred to the USAR.  He was credited with 2 years, 9 months, and 3 days of active duty service.  His DD Form 214 shows in:

* item 5a – "SGT(T) (See #30)"
* item 5b (Pay Grade) – "E-5"
* item 6 (DOR)  – 15 March 1967
* item 22c –USAREUR "0000  01  23"
* item 23a – 76Y2O Unit Organizational Supply Specialist
* item 30 (Remarks) – "SP4(P) E4" appointed 15 March 1967, DOR 13 May 1966

6.  Army Regulation 611-201 (Enlisted Military Occupational Specialties), in effect at the time, described the direct relationship between grade and skill level.  The Soldier's skill level was awarded based solely on pay grade unless the Soldier was scheduled for or was attending MOS qualification training.  For instance, privates/E-1 to E-3 hold skill level 1; SP4s and specialist fives hold skill level 2; specialist five team leaders hold skill level 3; and noncommissioned officers in the ranks/grades of SGT/E-5, staff sergeant/E-6, and sergeant first class/E-7 hold skill level 4.  When a Soldier is promoted or reduced, the skill level is changed accordingly.

7.  Army Regulation 600-200 prescribes the reporting, selection, assignment, and utilization of active Army enlisted personnel.  Chapter 2 governs SQIs, additional skill identifiers, and language codes.  It states the SQI is the fifth character of the MOS code (MOSC) and may be used with any MOS unless restricted by another regulation.  The fifth character of the MOSC will contain the letter "O" when the Soldier is not qualified for an SQI.  SQI "S" is used for SF personnel.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The regulation stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The instructions stated to list the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed in item 22c.

9.  Army Regulation 140-158, in effect at the time, prescribed policies and procedures pertaining to the identification, classification, reclassification, promotion, and reduction of enlisted members of the USAR who were not serving on active duty.  The regulation stated that members who have served satisfactorily on active duty in a temporary grade higher than their permanent grade and were released from active duty in the temporary grade without concurrent promotion to the permanent grade may be promoted to the higher grade by the area commander or commanding general effective the day following release from active duty.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence or orders and the applicant did not provide any to show he was promoted to SGT(P)/E-5 during his service on active duty.  A change in his status from SGT(T) to SGT(P) appears to have been made while he was a member of the USAR.  Because he did not hold SGT(P) as a member of the RA, his DD Form 214 is correct as constituted.

2.  It is not known why the applicant believes he served under USAREUR for 1 year, 1 month, and 23 days.  His DA Form 20 verifies he arrived in Germany under USAREUR on 13 December 1966 and departed on 4 December 1967.  His USAREUR service equates to 11 months and 22 days.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

3.  The evidence of record shows the applicant attended SF training at Fort Bragg and was awarded SQI "S" as verified by his primary MOS of 76Y4S.  Additionally, he held the temporary rank/grade of SGT/E-5 at the time of his assignment and subsequent release from active duty.  Therefore, he is entitled to correction of his DD Form 214 to show his specialty and skill level as 76Y4S.

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.  deleting the current entry from item 22c of his DD Form 214 and replacing it with "00  11  22" and

	b.  deleting the current entry from item 23a of his DD Form 214 and replacing it with "76Y4S."

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 changing his rank to SGT(P) and crediting him with 1 year, 1 month, and 23 days of foreign service.



      _____________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)                                         AR20140012463



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ABCMR Record of Proceedings (cont)                                         AR20140012463



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