IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150005949 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 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * Item 9 (Date of Birth (DOB)) – "X September " instead of "X September " * Item 23a (Specialty Number and Title) – "91H20 – Track Vehicle Repairer" and "94B – Cook" instead of "09B00 Trainee" 2. The applicant states his DD Form 214 does not show his correct DOB and the military occupational specialties (MOS) of 91H20 and 94B. He wants correction of this pertinent information. 3. The applicant provides copies of his DD Form 214 and birth certificate. 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 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 insufficient bases to waive the statute of limitations. 2. The applicant enlisted in the Regular Army on 29 December 1971. His records contain the following: * DD Form 398 (Statement of Personnel History), dated 29 December 1971, which lists his DOB as "X September " * DA Form 4 (Enlistment Contract – Armed Forces of the United States), dated 29 December 1971, which lists his DOB as "X September " * DA Form 20 (Enlisted Qualification Record), dated 3 July 1972, which lists his DOB as "X September " 3. Item 38 (Record of Assignments) of his DA Form 20 shows he: * served in MOS 09B from 1 through 30 June 1972 * entered advanced individual training (AIT) for award of MOS 71B (Clerk Typist) on 2 July 1972 * was in a patient status from 4 May 1973 through 12 December 1973 4. His records also contain the following: a. A Standard Form 502 (Clinical Record – Existed Prior To Service (EPTS) Medical Board Narrative Summary), dated 12 January 1972, showing he was in his first week of basic training when he was diagnosed with limitation of range of motion of both ankles and pes cavus deformity, EPTS. The medical board found that he was medically unfit for enlistment in the Army. b. A DA Form 3349 (Medical Condition – Physical Profile Record), dated 25 July 1972, showing he was relieved from all AIT duties pending medical board processing. c. Special Orders issued by the U.S. Army Training Center Engineer and Fort Leonard Wood, MO, on/for: (1) Number 128, dated 8 May 1973, stating he had appeared before a Physical Evaluation Board (PEB) and was awaiting final orders and disposition. (2) Number 341, dated 7 December 1973, honorably discharging him by reason of physical disability – EPTS established by PEB proceedings, with an effective date of 12 December 1973. 5. He was discharged accordingly on 12 December 1973. He was credited with completing 1 year, 11 months, and 14 days of net active service. His DD Form 214 lists in: * Item 9 – "X September " * Item 23a – "09B00 Trainee" 6. He provided a copy of a Commonwealth of Virginia birth certificate, issued on 7 September 1965, which identified an individual with the same first, middle, and last names of record as the applicant was born on "X September ." 7. 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 the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated: * Item 9 – would list the DOB verified in the Soldier's record * Item 23a – would list the primary specialty number and title DISCUSSION AND CONCLUSIONS: 1. With regard to correction of item 9 of the applicant's DD Form 214; the evidence of record confirms he used the DOB of "X September " during his military service. It appears his DD Form 214 contains a typographical error pertaining to the year of his birth. Item 9 of this form should be corrected to list the same DOB as shown on his DD Form 398 and birth certificate. 2. With regard to correction of item 23a of his DD Form 214: a. He served in MOS 09B from 1 June through 30 June 1972. He was assigned to AIT on 2 July 1972 for training in MOS 71B. He was relieved from AIT on 25 July 1972 pending medical board processing. He did not complete AIT for award of MOS 71B. A PEB found him medically unfit for military service. He was discharged on 12 December 1973 by reasons of physical disability – EPTS. b. There is also no evidence showing he completed the requisite training for award of MOSs 91H and 94B during his period of service. Item 23a of his DD Form 214 shows his specialty number and title as 09B Trainee as evidenced by entries in item 38 of his DA Form 20. 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 9 of his DD Form 214 the entry "X September " and replacing it with the DOB shown on his birth certificate. 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 correction of item 23a of his DD Form 214. _______ _ 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) AR20150005949 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005949 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1