IN THE CASE OF:	  

		BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140013103


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was assigned to the 1st Battalion, 38th Infantry Regiment during his service in the Republic of Korea.  

2.  The applicant states, in effect, that someone altered his records to show he was not assigned to the 1st Battalion, 38th Infantry Regiment; he was only sent to Headquarters and Headquarters Company (HHC) and Band Support Command, 2nd Infantry Division (2ID) on a temporary duty assignment.  He was installed as a temporary trombone specialist in 2ID, and his military occupational specialty (MOS) was changed from 11B (Light Weapons Infantryman) to 02E2U (Trombone Player) until he was discharged from the service.  The reason for this is a mystery to him.   

3.  The applicant provides no additional evidence in support of his request.

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 was inducted into the Army of the United States on 4 May 1967.  He completed training and was awarded MOS 11B.  

3.  Item 22 (MOS) of his DA Form 20 (Enlisted Qualification Record) shows the following two entries:

* 11B1U – Light Weapon Infantryman, dated 1 September 1967 – this entry is crossed out
* 02E2U – Trombone Player, dated 13 March 1968 – this entry is identified as his primary MOS   

4.  Item 31 (Foreign Service) of his DA Form 20 shows he served in the Republic of Korea from 20 October 1967 to 19 November 1968.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to HHC and Band Support Command during his service in the Republic of Korea.

5.  Special Orders Number 309, issued by Headquarters, 2ID on 5 November 1967, assigned him to HHC and Band Support Command.

6.  Special Orders Number 68, issued by Headquarters, 2ID on 8 March 1968, withdrew his primary MOS of 11B1U and awarded him a new primary MOS of 02E20.  Special Orders Number 88, issued by Headquarters, 2ID on 28 March 1968, amended his primary MOS to 02E2U.

7.   A review of his records reveals no documentation or orders that show he was assigned to the 1st Battalion, 38th Infantry Regiment.   

8.  On 5 December 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 23a (Specialty Number and Title) contains the entry "02E2U Trombone Player."   

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 stated that item 23a would show the primary MOS code number and title.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was assigned to the 1st Battalion, 38th Infantry Regiment during his service in the Republic of Korea was carefully considered.  

2.  The evidence of record shows he was assigned to HHC and Band Support Command, not the 1st Battalion, 38th Infantry Regiment, during his service in the Republic of Korea.  

3.  His contention that someone altered his records to show a different assignment history and MOS is noted and rejected.  There is a presumption of regularity in the conduct of government affairs.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his claims to the contrary.  There is no evidence in the record, nor has he produced any evidence, to support the contention that his records were altered.  His record indicates he was reclassified from MOS 11B (Light Weapons Infantryman) to MOS 02E2U (Trombone Player).    

4.  Therefore, his official documents in his records were correctly completed and there is no basis for granting relief in this case.  

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)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20140013103



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