IN THE CASE OF:	  

		BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140016609 


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 in item 23b (Related Civilian Occupation and Dictionary of Occupational Titles (D.O.T.) Number) "153.228 Professional Baseball Player Under Contract" instead of "153.228 Instructor Physical." 

2.  He also requests that his current Department of Veterans Affairs (VA) rating of 60 be increased to 100 percent, retroactive to 1969, as a result of combat wounds and their effect on his future employment, also known as "individual unemployability."

3.  The applicant states at the time he was drafted, he was employed as a professional athlete (baseball pitcher).  He believes an injustice happened as his future career earnings were eliminated after receiving post-traumatic stress disorder (PTSD) as well as chest and leg wounds during his service in Vietnam.  He had trained his entire life to be a professional.  

4.  The applicant provides:

* DD Form 214 
* Official Notice of Disposition of Player's Contract and Services
* Photograph of baseball team



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 that he was inducted into the Army of the United States on 28 June 1967.  Item 9a (Present Civilian Trade or Occupation) of his DD Form 47 (Record of Induction) shows the entry "Unemployed," indicating that he was not employed at the time of his induction.  

3.  He completed basic combat and advanced individual training and was awarded primary military occupational specialty (PMOS) 11B (Light Weapons Infantryman) on 3 November 1967.

4.  He served in Vietnam from on or about 3 December 1967 to 15 April 1968.  He was assigned to Company A, 1st Battalion, 7th Cavalry Regiment as a rifleman.  

5.  Following a combat injury on 27 March 1968, he was reassigned to Fort Hood, TX, where he was awarded and performed duties associated with PMOS 03C (Physical Activities Specialist) on 10 October 1968.  

6.  On 31 March 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 shows in:

* Item 23a (Specialty Number and Title) – 03C2O, Physical Activities Specialist 
* Item 23b – the entry "153.228, Instructor Physical" 

7.  He provides a photograph of a baseball team and a notice, dated 14 April 1969, titled "Official Notice of Disposition of Player's Contract and Services" that shows he was notified of the disposition of his contract; however, the disposition is not indicated. 
8.  Army Regulation 635-5 (Separation Documents) governs the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service to include attendance at basic and advanced training.  It also states the DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  In the version used at the time for item 23a enter primary specialty number and title.  If the specialty represented had a related civilian occupation, enter the appropriate job title and code number from the dictionary or occupational title in Item 23b.

9.  The DOT refers to a publication produced by the Department of Labor which helped employers, government officials, and workforce development professionals to define over 13,000 different types of work, from 1938 to the late 1990s.  The DOT was created by job analysts who visited thousands of U.S. worksites to observe and record the various types of work, and what was involved.  The DOT included information still used today in settling EEO and Workers Comp claims, like the physical abilities required to perform that occupation, and the time and repetitiveness of those physical actions (i.e., standing, sitting, lifting 20 pounds or more, seeing at a distance, near vision, hearing quiet sounds, ignoring loud sounds.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the related civilian occupation: 

	a.  The applicant was trained in and held PMOS 11B on 3 November 1967.  However, on 1 October 1968, he was awarded PMOS 03C and MOS 11B became his secondary MOS.  The DD Form 214 in effect at the time reflected the primary specialty and the code number in item 23a.  

	b.  Each military specialty at the time had a related civilian occupation and DOT Number.  This was reflected in item 23b of the DD Form 214.  This item did not reflect the applicant's civilian occupation at the time of induction.  It simply reflects the most related civilian specialty to the military specialty he held at the time of separation. 

	c.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record a different related civilian specialty, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.  As such, the entry in item 23a of his DD Form 214 is correct and requires no change or amendment.  He is not entitled to the requested relief. 

2.  With respect to increasing his VA rating, the ABCMR corrects military records and even when it does so, the Board does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In any case, a change to the applicant's VA rating is not within the purview of this Board.  Issues related to VA disability compensation, eligibility, and entitlement should be addressed to the VA.  The applicant is advised to contact a local VA Officer who can best advise him on his eligibility for VA benefits available to former service members. 

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)                                         AR20140016609



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ABCMR Record of Proceedings (cont)                                         AR20140016609



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