IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20140021432
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 three separate applications, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct specialty number as 36C2O and that his DA Form 20 (Enlisted Qualification Record) be corrected to show in item 38 (Record of Assignments) that he was reassigned to the 11th Combat Aviation Battalion (CAB) prior to 19 July 1971 and that he served as a perimeter guard and helicopter recon spotter.
2. The applicant states, in effect, that his correct specialty was 36C2O (lineman) but his DD Form 214 reflects 26C2O. He also states that his DA Form 20 (Enlisted Qualification Record) is missing an entry in item 38 showing that in May 1971 he was reassigned from the 2nd Signal Group in Long Binh to the 11th CAB in Phu Loi several weeks before being admitted to the hospital. Additionally, it does not reflect that he served as a perimeter guard and helicopter recon spotter.
3. The applicant provides copies of his DD Form 214 and DA Form 20, a clinical record coversheet showing he was assigned to the 11th CAB when he was transferred to the 24th Evacuation Hospital in Long Binh and a copy of his evacuation orders to Camp Zama.
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 was inducted on 21 May 1970. He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a lineman in military occupational specialty 36C2O at Fort Hood, Texas before being transferred to Vietnam on 24 January 1971.
3. His DA Form 20 shows he was initially assigned to Headquarters and Headquarters Detachment, 2nd Signal Group for duty as an information specialist. On 31 July 1971, he was transferred to a hospital at Camp Zama, Japan and on 28 August 1971, he was transferred back to Vietnam for assignment to Headquarters and Headquarters Company, 13th CAB for duty as a message center clerk.
4. He departed Vietnam on or about 12 January 1972 and he was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 7 months, and 22 days of total active service and his DD Form 214 issued at the time of his REFRAD shows in item 23a that his specialty number and title were 26C2O Lineman.
5. A review of his official records failed to show any evidence in the form of orders assigning him to the 11th CAB.
6. The DA Form 20 became obsolete when it was replaced by the DA Form 2-1 on 1 January 1973 and is no longer used.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his primary specialty is incorrectly reflected on his DD Form 214 as 26C2O instead of 36C2O has been noted and found to have merit. The applicant was awarded the primary specialty of 36C2O and is entitled to have that specialty reflected on his DD Form 214 in item 23a.
2. While the sincerity of the applicants claim that he was assigned to the 11th CAB and that he served as a perimeter guard and helicopter recon spotter is not in doubt, there is insufficient evidence in the available records to determine with any degree of certainty when he was assigned to the 11th CAB and no evidence to show he served as a perimeter guard and helicopter recon spotter.
3. Notwithstanding that the DA Form 20 is no longer available, the applicant has failed to show through the evidence submitted with his application and the evidence of record sufficient evidence to establish his date of assignment to the 11th CAB and that he served as a perimeter guard and helicopter recon spotter.
4. Therefore, in the absence of such evidence there appears to be no basis to grant that portion of the applicants request.
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 changing his primary specialty in item 23a of his DD Form 214 from "26C2O" to "36C2O."
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 changing his record of assignment to show assignment to the 11th CAB and his principal duties to perimeter guard and helicopter recon spotter.
______________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) AR20140021432
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ABCMR Record of Proceedings (cont) AR20140021432
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