IN THE CASE OF:	   

		BOARD DATE:	  27 October 2015

		DOCKET NUMBER:  AR20150002208 


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 request, in effect, reconsideration of his previous request for correction of his military records to show his primary military occupational specialty (PMOS) was combat engineer based upon new evidence and argument not previously considered.

2.  The applicant states:

   a.  When he reported to Fort Lewis, WA, before being deployed to Vietnam, he remembers reporting to a clerk to sign in.  The clerk was responsible for documenting that he had arrived and assigning him a bed.  After looking in a book, the clerk discovered that another Soldier with the same name as him had already been assigned a bed.  He advised the clerk that he had just arrived and had not been assigned anything.  He was told to go to the building that had the bed the clerk believed he had been assigned to and see if anyone was there. 

   b.  When he arrived at the barracks building there were personal items lying on the bed.  He talked to a Soldier and asked if the items belonged to him.  This Soldier stated they did not, but there was another Soldier who had just come in and placed his things on the bed.  He returned to the clerk and told him about the personal items on the bed, so the clerk assigned him to a different building.  He returned to the other building three times attempting to locate the other Soldier who apparently had the same name as him, but he never had an opportunity to see who the Soldier was before he was shipped out.

3.  The applicant provides no additional evidence.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests reconsideration of the applicant's previous request for correction of his military records to show his PMOS was combat engineer based upon new evidence and argument not previously considered.

2.  As a new issue, counsel requests correction of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his PMOS was 12A (Pioneer) rather than 51K (Plumber), or in the alternative, add the MOS of 12A, so this form will reflect a dual PMOS.

3.  Counsel states:

   a.  The applicant had previously provided a statement from a retired chief warrant officer two (CW2) who confirmed that the applicant was assigned to Company C, 864th Engineer Battalion, 32nd Group, in South Vietnam from 1967 to 1968 and that both he and the applicant served together in MOS 51B (Carpenter).

   b.  During the applicant's and her research, they were able to locate declassified Operational Reports of the 864th Engineer Battalion (Construction) which confirm the applicant's contention that his PMOS during his deployment to Vietnam from 30 March 1967 through 26 March 1968 was 51B and not 51K.  These records show that Company C, 864th Battalion, was involved in numerous projects which included the construction and/or repair of roads, airfields, and bridges, none of which required the installation of plumbing equipment.  The Army Board for Correction of Military Records' Record of Proceedings (ROP) stated, "The applicant was assigned to Company C, 864th Engineer Battalion (Construction), for duty as an engineer equipment helper and he was subsequently assigned the duties of plumber on 31 July 1967. On 19 September 1967, orders were published by the 864th Engineer Battalion withdrawing his PMOS of 12A and awarding him PMOS 51K."

   c.  The applicant and she also emphasize that each official operational report provided a breakdown of both man and equipment hours utilized on the company's projects, as well as the materials used by the company on each project.  The materials listed in the reports do not include materials that could be used for plumbing purposes.

   d.  The service records the applicant obtained from the Department of Veterans Affairs (VA) in response to his Freedom of Information Act request 
   
include the attached DA Form 2658 (Health Record – Abstract of Service) which reflects that he was indeed assigned to Company C, 864th Engineer Battalion (Construction) from 5 April 1967 through 26 April 1968.  This is yet another discrepancy discovered in the applicant's service records as the dates of his deployment to Vietnam are listed from April 1967 to April 1968 on the DA Form 2658, yet his correct Vietnam services dates from March 1967 to March 1968 were verified by the VA.  

   e.  There is no record documenting the 864th Engineer Battalion submitted a change of the applicant's PMOS on 31 July 1967 contained in the exact duplicate of records certified by the VA.  Further, the applicant's DD Form 214 reflects no training as a plumber and the applicant states he received no training as a plumber.

   f.  The applicant and she highlight these discrepancies as the applicant believes there may have been an error in the recordkeeping or that the records were inadvertently merged with those of another Soldier of the same name.  The attached statement from the applicant reflects his recollection of an incident that occurred when he reported to sign in at Fort Lewis, WA, prior to being sent to Vietnam in which there was a Soldier with the same name who had already been assigned to a barracks.

4.  Counsel provides  copies of the following:

* DA Form 2658
* five 864th Engineer Battalion (Construction) Operational Reports
* 2013 ABCMR ROP
* letter requesting reconsideration of 2013 decision
* general information from the VA
* VA Service Department Records Envelope

CONSIDERATION OF EVIDENCE:

1.  With respect to correction of the applicant's DD Form 214 to show his MOS as combat engineer:

   a.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's cases by the Army Board for Correction of Military Records (ABCMR) in Docket Numbers AR20130002616 on 17 September 2013 and AR20140004821 on 30 October 2014.  

   b.  The applicant does not meet the two-tiered criteria for reconsideration of his previous request for correction of his military records to show his PMOS was combat engineer in that this request had been reconsidered.  The statement from the retired CW2 was previously considered in his 2014 request, and he was not eligible for further reconsideration of the same matter by the Board.  On 31 October 2014, he was advised he had the option to seek relief in a court of appropriate jurisdiction.  

   c.  Army Regulation 15-185 (ABCMR), paragraph 2-15b, governs requests for reconsideration of correction of military record and allows an applicant to request reconsideration for an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  As a result, the issue of a correction of the applicant's DD Form 214 to show his MOS as combat engineer will not be discussed further in this Record of Proceedings (ROP).

2.  As a new issue, counsel's requests correction of the applicant's DD Form 214 to show his PMOS was 12A (Pioneer) rather than 51K, or in the alternative, add the MOS of 12A, so this form will reflect a dual PMOS.  Counsel provided copies of a DA Form 2658, five 864th Engineer Battalion (Construction) Operational Reports, and general information from the VA.  This new issue will be considered by the Board.

3.  The applicant's military records show he was inducted into the Army of the United States on 13 October 1966.  At the time of his induction, he was assigned and identified with a service number starting with "US" for United States.

4.  His DA Form 20 (Enlisted Qualification Record) lists in:

* Item 22 (MOS) – he was awarded the following MOSs:

* 12A on 10 March 1967
* 51K on 15 September 1967

* Item 27 (Military Education) – he completed 8 weeks of the 12A Pioneer Course in 1967
* Item 31 (Foreign Service) – he served in Vietnam from 30 March 1967 through 20 March 1968
* Item 38 (Record of Assignments) – he:

* completed basic combat training (BCT) and advanced individual training (AIT) and was awarded MOS 12A on 10 March 1967
* was assigned to Company C, 86th Engineer Battalion (Construction), Vietnam, from 3 April 1967 through 30 July 1967 in MOS 62A (Engineer Equipment Helper)
* served in MOS 51K from 31 July 1967 through 29 March 1968

5.  Unit Orders Number 61, issued by Company C, 864th Engineer Battalion (Construction) on 15 September 1967, promoted him to rank and grade of specialist/E-4 in MOS 51K.  The orders list his name and the service number he was assigned at the time of his induction.

6.  Special Orders (SO) Number 261, issued by Headquarters, 864th Engineer Battalion (Construction) on 19 September 1967, withdrew his PMOS of 12A and awarded him the PMOS 51K.  The orders list his name and the service number he was assigned at the time of his induction.  

7.  Item 38 of his DA Form 20 shows he was assigned to Company B, 43rd Engineer Battalion, Fort Benning, GA, on 24 April 1968 in MOS 51K.

8.  He was honorably released from active duty on 11 October 1968 and was transferred to the U.S. Army Reserve.  He was credited with completing 1 year, 11 months, and 29 days of net active service this period.  He was also credited with completing 11 months and 21 days of foreign service in Vietnam.  His DD Form 214 lists in:

* Item 23a (Specialty Number and Title) – 51K2O Plumber
* Item 25 (Education and Training) – U.S. Army Training Center Engineer – 8 weeks – Pioneer

9.  Counsel provided copies of the following:

   a.  A DA Form 2658 showing the applicant received medical and dental service between 5 April 1967 and 26 April 1968 during his period of service in Vietnam.

   b.  Five 864th Engineer Battalion (Construction) Operational Reports, dated 13 May, 8 August, 7 November 1967, and 31 January and 30 April 1968, showing several changes in the organizational structure, personnel, and construction tasks of the 864th Engineer Battalion (Construction). The reports do not identify the applicant by name, service number, and/or his assigned PMOS.

   c.  An undated letter in which the applicant requested reconsideration of his 2013 ABCMR denial.
   d.  General information from the VA showing the applicant served in Vietnam from 30 March 1967 through 20 March 1968.

   e.  The applicant's:

* 2013 ABCMR ROP
* VA Service Department Records Envelope showing he was provided copies of his service record, physical examinations, etc., loaned or furnished to the VA

10.  Army Regulation 611-201 (Enlisted Career Management Field and MOSs), in effect at the time, listed the individual combat engineer specialties as:

* 12A – Pioneer
* 12B – Combat Engineer
* 12C – Bridge Crewman
* 12D – Combat Engineer Operator and Intelligence Noncommissioned Officer
* 12D – Power Bridge Specialist
* 12E – Atomic Demolition Munitions Specialist
* 12F – Combat Engineer Tracked Vehicle Crewman
* 12Z – Combat Engineer Senior Sergeant

11.  A Pioneer is a combat engineer who is employed to perform engineering and construction tasks, such as the construction of field fortifications, military camps, bridges, and roads.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents 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.  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 23a would list the PMOS code number and title.

DISCUSSION AND CONCLUSIONS:

1.  With regard to correction of the applicant's DD Form 214 to show his PMOS was 12A rather than 51K:

   a.  The evidence of record confirms he completed BCT and AIT and was awarded PMOS 12A on 10 March 1967.  During his period of service in Vietnam he served in MOS 12A from 11 March through 2 April 1967 and in MOS 62A from 3 April through 30 July 1967.  

   b.  He was promoted to pay grade E-4 in PMOS 51K on 16 September 1967. SO withdrew his PMOS of 12A and awarded him PMOS 51K on 19 September 1967.  He served in this MOS from 31 July 1967 through on or about the date of his release from active duty on 11 October 1968.  Orders were published for these actions and clearly identify the applicant by his name and assigned service number.

   c.  By regulation in effect at the time, the PMOS at the time of separation was to be listed in item 23a of the DD Form 214.  

2.  With regard to correction of the applicant's DD Form 214 to show, in the alternative, the addition of the MOS 12A, the evidence of record shows on 19 September 1967 his MOS of 12A was withdrawn and he was awarded PMOS 51K.  Notwithstanding his previous award of PMOS 12A, he held the PMOS of 51K at the time of his separation.

3.  With regard to the applicant's Vietnam service dates shown on the DA Form 2658; the applicant and counsel are possibly confusing this form with the DA Form 20.  The purpose of the DA Form 2658 is to record the dates medical and dental services were provided to a Soldier.  As the applicant no longer has a military status and his DD Form 214 is the document used to record the military history of a separated individual, to amend entries on this form would serve no useful purpose.  Item 31 of his DA Form 20 lists his correct Vietnam service dates.

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)                                         AR20150002208





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ABCMR Record of Proceedings (cont)                                         AR20150002208



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