IN THE CASE OF: BOARD DATE: 18 February 2016 DOCKET NUMBER: AR20150006492 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was reduced in rank from private first class (PFC) to private (PV2) and he served as a driver in a tank unit. 2. The applicant states he submitted a claim for compensation for his hearing loss and while the loss has been established by the military, the exact particulars of where and when it occurred is in question. His DD Form 214 shows he was assigned as a cook, but there is no mention that he was assigned to a tank unit or that he was removed from cook duty and permanently assigned to the tank unit. His incorrect DD Form 214 is preventing him from receiving benefits. 3. The applicant provides a copy of his DD Form 214 for the period ending 23 December 1958. 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 enlisted in the United States Army Reserve and was immediately ordered to active duty on 14 January 1957. He completed his military training and was awarded military occupational specialty (MOS) 941.10 (Cook). 3. His DA Form 24 (Service Record) shows the following: a. Section 1 (Appointments, Promotions, or Reductions), the entries: * "PFC (Temp) 13 Sep 57," meaning he was temporarily promoted to the rank of PFC on 13 September 1957 * "PVT-2 (Perm) 10 Apr 58," meaning he was permanently reduced to the rank of PV2 on 10 April 1958 * "PFC / E-3 (T) 13 Aug 58," meaning he was temporarily promoted to the rank of PFC on 13 August 1958 b. Section 4 (Chronological Record of Military Service), shows he was assigned to the 7th Army Tank Training Center, Germany, from on or about 30 June 1957 to on or about 8 December 1958, where he served in duty MOS (DMOS) 131.20 (Armor Crewman). 4. His DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS (PMOS) 941.10 on 31 May 1957 after graduating from the Cook's course. 5. The applicant was honorably released from active duty on 23 December 1958, following his completion of 1 year, 11 months, and 10 days of total active duty service. His DD Form 214 shows the following: * Item 3a (Grade, Rate or Rank): "PFC E3 (T)" * Item 3b (Date of Rank): "13 Aug 58" * Item 12 (Last Duty Assignment and Major Command): "7th Army Tk Tng Cen Ger" * Item 25a (Specialty Number and Title): "Cook 941.10" * Item 32 (Remarks): "Item 3a Pvt E2(P) Apt 14 May 57" 6. A review of his record reveals no evidence, nor does he provide any, that shows he attended any formal school training, was reclassified into another MOS, or was awarded another MOS besides the PMOS currently listed in his records. 7. Army Regulation 635-5 (Personnel Separations), in effect at the time, prescribed the separation documents to be prepared for Soldiers on retirement, discharge, relief from active duty, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. Item 3a (Grade, Rate or Rank). Enter grade in which serving at time of separation indicating whether permanent or temporary. Pay grade will also be shown. b. Item 3b (Date of Rank (Day, Month, Year)). Enter date of rank for the grade shown in item 3a. If grade at time of separation is not permanent, the permanent grade, date of appointment, and date of rank if different from date of appointment will be entered in item 32 (Remarks). c. Item 12 (Last Duty Assignment and Major Command). Enter the last unit, or similar element, to which assigned for duty rather than the element of which the individual was a part while moving to a transfer processing activity. The title and/or number of the organization will be precisely as indicated in the service record. d. Item 25a (Specialty Number and Title). Enter primary MOS code number and title. 8. Army Regulation 611-203 (Enlisted Occupational Classification and Utilization), in effect at the time, set forth policies and procedures for the occupational classification and utilization of Army enlisted personnel. a. Paragraph 2f states the awarded MOS is the MOS which identifies the capability of an individual to perform the duties required of the MOS at his current or a higher pay grade and NCO/Specialist status and made a matter of record by the classification authority by entry on DA Form 20. b. Paragraph 2g states the PMOS is the awarded MOS, commensurate with pay grade and NCO/Specialist status, which represents the occupational specialty of highest significance to the Army in terms of training, experience, demonstrated qualification, and Army-wide needs. c. Paragraph 2k states the DMOS is the MOS which identifies the authorized manning table position to which an individual is assigned. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been carefully considered. 2. He contends the pay grade on his DD Form 214 should be corrected from PFC to PV2 due to his reduction. His DA Form 24 shows he was reduced to PV2 on 10 April 1958 but then subsequently promoted temporarily to PFC on 13 August 1958. 3. In accordance with the applicable regulation, item 3a of his DD Form 214 should reflect his grade at the time of his separation, whether temporary or permanent, and if his grade is not permanent, the permanent grade, date of appointment, and date of rank if different from date of appointment will be entered in item 32 (Remarks). His grade at the time of his separation was PFC/E-3 (T) as reflected on his DD Form 214. There appears to be no error or injustice. 4. The evidence in his record reveals the only school trained MOS he was awarded was that of 941.10 (Cook) and this MOS is shown on his DA Form 20 as his PMOS. He contends he was transferred to a tank maintenance unit and performed duties as a driver. His DA Form 24 does show he was assigned to the 7th Army Tank Training Center, Germany, in DMOS 131.20 (Armor Crewman). This last duty assignment is listed per applicable regulation on his DD Form 214 as proof of this assignment. 5. It appears that his commander utilized him in a DMOS other than the one he was formally school trained for. His record does not reflect any evidentiary documentation that shows he was school trained or reclassified officially in that MOS. 6. In accordance with the applicable regulation, the PMOS code number and title held on the date of separation would be entered in item 25a (emphasis added). His MOS and title (941.10 - Cook) appears on his DD Form 214. There appears to be no error or injustice. 7. The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for veterans or other benefits. Every case is individually decided based upon its merits when an applicant requests a correction to his military records. 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) AR20140009298 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006492 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1