IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140017949 


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 (Certificate of Release or Discharge from Active Duty), for the period ending on 24 May 1991, to show in:

* Item 4a (Grade, Rate, or Rank) – his rank as corporal (CPL) instead of specialist (SPC)
* Item 11 (Primary Specialty) – his secondary (S) military occupational specialty (MOS) of 95B (Military Police (MP))

2.  The applicant states the administrative error or oversight on his DD Form 214 was due to the rapid discharge processing of a large number of military personnel after the Persian Gulf War.  His rank should be shown as CPL and not SPC.  Both of his MOSs should be listed, his primary (P) of 71L (Administrative Specialist) and his SMOS of 95B.  He held a dual MOS while serving as a member of the 418th MP Detachment (Prisoner of War (POW)) Advisory Team.  He was assigned both duties during the Persian Gulf War.  During the completion of a compensation claim, he mentioned that he held a dual MOS, secondary being MP.  As a member of the 418th MP Detachment (POW) Advisory Team he was required to have both.  It was recommended that he have his SMOS of 95B added to his DD Form 214 to clear up any possible future confusion during compensation processing.


3.  The applicant provides copies of the following:

* DA Form 2-1 (Personnel Qualification Record – Part II)
* DD Form 214 for the period ending 26 May 1986
* Reserve Component Instructor Training Course certificate
* Certificate of Achievement
* 1991 DD Form 214
* Orders Number 3-2

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the U.S. Air Force on 27 June 1978.  He held Air Force Specialty Codes 7347 (Social Actions Technician, Equal Opportunity/Human Relations) and 81150 (Security Specialist).  He was honorably discharged on 26 May 1986 by reason of expiration of term of service. He was issued a DD Form 214 crediting him with completing 7 years and 11 months of net active service.

3.  He enlisted in the U.S. Army Reserve (USAR) in pay grade E-4 on 9 October 1987.

4.  His DA Form 2-1 shows in:

* Item 6 (Military Occupational Specialty) –

* 95B (S), MP, 9 October 1987
* 71L (P), Administrative Specialist, 1 June 1989

* Item 17 (Civilian Education and Military Schools) – 71L MOS School, 2 weeks, 1989

* Item 35 (Record of Assignments) –

* MP (Escort Guard) from 9 October 1987 through 15 September 1988
* Administrative Specialist from 16 September 1988 through 8 June 1991

5.  His records contain the following:

* Orders Number 85-1, issued by the 81st USAR Command on 14 October 1988, assigning him to the 418th MP Detachment (POW) Camp Advisory, Daytona Beach, FL, effective 16 September 1988, in pay grade E-4
* DA Form 1959 (Service School Academic Evaluation Report) which shows he completed the Administrative Specialist Course on 2 June 1989

6.  He provided a copy of his Reserve Component Instructor Training Course certificate, dated 5 May 1990.  The certificate shows his rank as "CPL."

7.  His records also contain the following:

* Permanent Orders Number 35-19, issued by Headquarters, Second U.S. Army on 24 December 1990, assigning the 418th MP Detachment, Daytona Beach, FL, to extended active duty under Presidential Order of Selected Reserve to Active Federal Duty with a reporting date of 3 January 1991
* Orders Number 1-1, issued by the 418th MP Detachment, Daytona Beach, FL on 29 December 1990, ordering him to active duty for a period of 180 days; the orders shows his rank as CPL and his MOS as 71L (emphasis added)

8.  He entered active duty on 3 January 1991 in support of Operation Desert Shield/Desert Storm.  He served in Saudi Arabia in MOS 71L from 31 January through 20 May 1991.  He was assigned to the 418th MP Detachment (POW) Advisory Team.

9.  His records further contain the following:

* DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) for the period January through May 1991 for his duties as a Unit Clerk in MOS 71L, assigned to the 418th MP Detachment; the form lists his rank as "CPL" (emphasis added)
* Orders Number 67-3, issued by Headquarters, 24th Infantry Division (Mechanized) and Fort Stewart, GA on 22 May 1991, releasing him from active duty effective 24 May 1991; the orders list his rank as "CPL" (emphasis added)

10.  He also provided a copy of his Certificate of Achievement, dated 1 June 1991, awarded for his meritorious achievement while serving with the 800th MP Brigade (POW).  The certificate lists his rank as "CPL."

11.  He was released from active duty on 24 May 1991 and was transferred to the 418th MP Detachment, Daytona Beach, FL.  He was credited with completing 4 months and 22 days of active service.  His DD Form 214 lists in:

* Item 4a – SPC
* Item 4b (Pay Grade) – E-4
* Item 11 – 71L, Administrative Specialist, 0 years, 5 months

12.  His records also contains and he further provided a copy of Orders  Number 3-2, issued by Headquarters, 143rd Transportation Command on 26 January 1992, which added the special qualification identifier of "H" to his MOS.

13.  His records further contain a DA Form 3355-1-R (USAR Promotion Point Worksheet), dated 1 April 1993, wherein he was recommended for promotion from CPL to sergeant in MOS 71L.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided that separation documents would be 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. In pertinent part, 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.  The regulation stated:

* Item 4a and 4b – would list the rank title held on the date of separation
* Item 11 – would lists the MOS codes, titles, and years and months served for enlisted personnel

15.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management), in effect at the time, provided guidance on the selection of enlisted Soldiers for assignment, utilization, reclassification, details, transfers, and training.  Paragraph 3-14 (Lateral appointments) stated:

   a.  Commanders (O-5 and above) could authorize lateral appointments of SPC to CPL without local selection board action provided the Soldier concerned was assigned to an authorized (documented) NCO position in their career progression MOS.

   b.  Lateral appointment would be announced by either DA Form 4187 or informal memorandum.  DA Form 4187 or informal memorandum would be the only announcement of the lateral appointment.

   c.  Soldiers appointed to CPL would retain the grade when reassigned from the NCO position, including permanent change-of-station moves.  However, the unit commander could laterally appoint CPL to SPC without the Soldier's consent.

DISCUSSION AND CONCLUSIONS:

1.  With regard to correction of the applicant's rank title in item 4a of his 1991 DD Form 214:

   a.  Notwithstanding the absence of orders or other evidence in his military personnel records that show he was laterally appointed to CPL/E-4.  His active duty assignment and release orders and DA Form 2166-7 confirm he entered active duty with the rank of CPL and held that rank on the date of his release from active duty on 24 May 1991.  By regulation, the rank held on the date of separation should be entered on the DD Form 214.

   b.  Therefore, the evidence of record is sufficient to warrant correction of item 4a of his 1991 DD Form 214 to show his rank as "CPL."

2.  With regard to correction of item 11 of this same form:

   a.  While he possessed and served in the SMOS of 95B, he did so during his USAR period of service from 9 October 1987 through 15 September 1988.  This is accurately reflected on his DA Form 2-1.  He began serving in MOS 71L on 16 September 1988 and was awarded the PMOS of 71L in June 1989. 

   b.  He served on active duty from 3 January through 24 May 1991.  During this period he served in his PMOS of 71L with an MP battalion.  Therefore, he was properly issued a DD Form 214 listing his PMOS as 71L.

   c.  There is no evidence of record and he did not provide sufficient evidence showing he served on active duty in his SMOS of 95B.  Therefore, there is insufficient evidence to support granting him this specific requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 deleting from item 4a of his 1991 DD Form 214 the entry "SPC" and replacing it with the entry "CPL."

2.  The Board further determined that 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 adding to item 11 of this DD Form 214 his SMOS of 95B.



      _______ _   __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)                                         AR20140017949



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017949



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1