IN THE CASE OF:	  

		BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20150001057


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 the following items on his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* item 3 (Social Security Number (SSN))
* item 5a (Grade, Rate or Rank)
* item 5b (Pay Grade)
* item 6 (Date of Rank)
* item 10c (Date Inducted)
* item 23b (Related Civilian Occupation and Dictionary of Occupational Titles (D.O.T) Number)
* item 27b (Amount of Allotment) 
* item 27c (Month Allotment Discontinued)
* item 30 (Remarks) 

2.  The applicant also requests, in effect, correction of his DD Form 214 to show he has been diagnosed with PTSD and that he was assigned a Department of Veterans Affairs (VA) claim number.

3.  The applicant states, in effect:

   a.  The SSN on his DD Form 214 is incorrect and it has caused him pain and suffering.  This error has also caused him to be denied employment.  He is homeless, he lost his family, he is being denied medical treatment and hospitalization, and ultimately he was shot while homeless.
   b.  When he came home from the service in 1969, he noticed that he had developed an addictive personality due to exposure to Agent Orange; he was also not properly diagnosed with PTSD.
   
   c.  Prior to going into the Army he only had a 10th grade education but his 
DD Form 214 erroneously shows he completed 14 years of civilian education which he was unable to prove to his civilian employer and he was fired.

   d.  He was inducted into the Army; he did not enlist.
   
   e.  His pay grade should be changed to private first class (PFC)/E-3.

4.  The applicant provides

* a DD Form 214
* Veterans Affairs Medical Center (VAMC) Progress Notes
* a printout of an internet article entitled DMZ Flashpoints:  The Deadly 1968 Truck Ambush

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.  Regarding his request for correction of his SSN, this issue was resolved in 2001 when he was issued a DD Form 215 (Correction to DD Form 214) with the appropriate correction.  Therefore, this issue will not be discussed further in these proceedings. 

3.  On 4 October 1967, the applicant enlisted in the Regular Army (RA).  After his initial training he was awarded military occupational specialty (MOS) 94B (Cook).


4.  A 1AA Form 629 (Statement) signed by the applicant on 4 October 1967, states "I, R_____ W_____, a citizen of the United States…for the purpose of amplifying the statements made in the enlistment record this date, do hereby acknowledge that I have voluntarily enlisted this 4th day of October, 1967, for a period of two years in the RA of the United States of America."

5.  His DD Form 398 (Statement of Personal History), item 9 (Education) shows he attended high school, but he did not graduate.

6.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in item 32 (Civilian Education) - Bartham High School, Philadelphia, PA – 
10 years.

7.  Special Orders Number 326, Headquarters, 2nd Infantry Division, San Francisco, CA dated 21 November 1968, shows the applicant was promoted to private first class (PFC)/E-3 on 1 October 1968.  

8.  His record contains his disciplinary history which includes the following:

* a DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 13 June 1968, that show he received nonjudicial punishment (NJP) for failure to properly secure his weapon during an Operational Readiness Test
* a DA Form 2627-1, dated 11 August 1968, that shows he received NJP for wearing an improper uniform
* a DA Form 2627-1, dated 11 January 1969, that shows he received NJP for sleeping on duty
* a DA Form 2627-1, dated 15 February 1969, that shows he received NJP for being absent without leave (AWOL)
* a DA Form 2627, dated 1 May 1969, that shows he was AWOL
* Special Court-Martial (SPCM) Order Number 21, dated 11 June 1969 that shows he was found guilty of being AWOL and wrongful possession of an illegally controlled substance (marijuana) and, as a result, he was reduced to the rank of private (PVT)/E-1

9.  On 22 July 1969, the applicant was honorably released pursuant to Army Regulation 635-200, chapter 5 due to being an Overseas Returnee.  He completed 1 year, 9 months, and 14 days of net active service.  

10.  His record is void of any evidence showing he was diagnosed with a mental or medical condition during his period of service or that he was exposed to Agent Orange.  The DD Form 214 he was issued shows in:

* item 5a  - "PVT (P)"
* item 5b  - "E-1"
* item 6 - "11 Jun 69"
* item 10c (Date Inducted) - "NA"
* item 17c (Date of Entry) - "4 Oct 1967"
* item 23a - “94 B 20 Cook”
* item 23b (Related Civilian Occupation) - “NA”
* item 27b “NA” (no scheduled allotment)
* item 27c: “NA” (no discontinued allotment) 
* item 30 (Remarks) - "Civilian Education - 14 YRS"

11.  Even though, item 23b lists no related civilian occupation this occupation would still be “Cook” and the DOT Number is “315.361-010.”

12. The available evidence to include the applicant’s DD Form 214 does not show he was assigned a VA Claim Number while on active duty.

13.  The applicant submitted multiple "Progress Notes" from the VAMC which shows a psychiatric diagnosis of PTSD and major depression between 2008 and 2009.

14.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel, chapter 5-37, in effect at the time, states personnel whose duty performance, acceptability for the Service, and potential for continued effective service fall below the standards required for Army enlisted personnel may be separated under this provision.  

15.  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.  There is no provision for entering a VA claim number or a medical diagnosis on a DD Form 214.

16.  The DOT is 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 Compensation claims.

17.  Army Regulation 15-185 (ABCMR), paragraph 2-5 states, "The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence."

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant only completed 10 years of civilian education.  Therefore, he is entitled to have item 30 of his DD Form 214 corrected to show "Civilian Education:  10 YRS." 

2.  The available evidence shows the applicant was advanced to PFC/E-3 on 
1 October 1968; however, he was demoted to PVT/E-1 as a result of a court-martial on 11 June 1969, which is correctly entered on his DD Form 214. 

3.  There is no evidence nor did the applicant submit any evidence that shows he was inducted vice enlisted in the RA.  On the contrary, he signed a statement on 4 October 1967 acknowledging that he was voluntarily enlisting in the RA.  Therefore, he is not entitled to have his DD Form 214, item 10c corrected to show he was inducted.

4.  The applicant was trained in and held MOS 94B.  His DD Form 214 accurately reflects this specialty and code number in item 23a.

5.  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.  It simply reflects the most closely related civilian specialty/occupation to the military specialty held at the time of separation.  The applicant’s related civilian occupation is “Cook” and the DOT Number is “315.361-010.”

6.  It is unknown whether or not the applicant had an allotment at the time of his discharge since pay records are not available.  Therefore, in the absence of evidence to the contrary administrative regularity must be presumed.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

7.  There is no evidence the applicant had a VA Claim number on the date of his discharge and there are no provisions for entering a VA Claim Number on the 
DD Form 214. 

8.  His record is void of evidence showing he was diagnosed with a mental or medical condition during his period of active service.  VAMC documents show a psychiatric diagnosis of PTSD and major depression between 2008 and 2009.  The available evidence is insufficient to show he suffered from PTSD prior to discharge or that he was exposed to Agent Orange.  In any event, there was not then and there is not now any regulatory basis for placing this information on a DD Form 214.

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 entries on the DD Form 214 in:

* item 23b
* item 30 "Civilian Education - 14 YRS"

	b.  Adding the following entries to his DD Form 214:

* item 23b- Cook “315.361-010”
* item 30 - "Civilian Education - 10 YRS"

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 the following entries on his DD Form 214:

* items 5a and 5b
* item 6
* item 10c, an induction date
* item 27b, an amount of an allotment
* item 27c, the month an allotment was discontinued
* item 30, a VA claim number and that he was diagnosed with PTSD
* exposure to Agent Orange



      _______ _   _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)                                         AR20140013091



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ABCMR Record of Proceedings (cont)                                         AR20150001057



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