BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160001482 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ __x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160001482 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160001482 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 military records by showing he: * held primary military occupational specialty (PMOS) 74Y2O * held secondary MOS (SMOS) 94B2O * entered basic training in October 1968 at Fort Benning, Georgia * deployed to the Republic of Vietnam (RVN) from Fort Bragg, North Carolina, in 1969 * deployed to Germany for REFORGER (return of forces to Germany) 4-63 2. The applicant states, in effect, the military failed to properly record his information. He lost his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and requested a new copy which was issued with multiple errors. The Department of Veterans Affairs (VA) told him he did not serve in combat because there is no record of his RVN service. He does not have the original copy of his DD Form 214, but he does have a news article referring to his service in the RVN and Germany. This is all he can provide. 3. The applicant provides a photocopy of a portion of what appears to be a news report concerning the applicant’s participation in Germany-based exercises. 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’s Official Military Personnel file (OMPF) contains a DD Form 4 (Enlistment Contract – Armed Forces of the United States) that shows he entered the military with the Regular Army enlistment option on 2 October 1969 for 2 years. This document contains his signature. 3. Special Orders (SO) Number 192, issued by the Armed Forces Examining and Entrance Station, Jacksonville, Florida, dated 2 October 1969, assigned the applicant to Fort Benning, Georgia, effective the same date. 4. A DA Form 20 (Enlisted Qualification Record) shows the applicant’s assignments as: * 13 October to 17 January 1970: Basic combat training at the U.S. Army Training Center, Infantry, Fort Benning, Georgia * 18 January to 14 March 1970: Quartermaster School, Fort Lee, Virginia, for training as a cook in PMOS 94B2O, awarded on 13 March 1970 * 14 March to 31 March 1970: Enroute to Fort Riley, Kansas * 1 April 1970: Headquarters and Headquarters Company (HHC), 5th Battalion (Bn), 32nd Armor, Fort Riley, Kansas, for duty as a cook * 15 April 1970: Assigned to HHC, 4th Bn, 63rd Armor, Fort Riley, Kansas 5. The following SO directed the applicant’s assignments as indicated: * SO Number 54, issued by Headquarters, U.S. Army Quartermaster Center, Fort Lee, dated 6 March 1970, assigned him to Fort Riley, Kansas with a reporting date of 30 March 1970 * SO Number 104, issued by Headquarters 24th Infantry Division, Fort Riley, Kansas, dated 14 April 1970, assigned him to HHC, 4th Bn, 32nd Armor, with no travel involved * SO Number 272, issued by Headquarters 1st Infantry Division, Fort Riley, Kansas, dated 29 September 1971, relieved the applicant from active duty and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training), effective 1 October 1971 6. A DD Form 214, original copy Number 2, filed in the applicant’s OMPF, clearly shows his dates of service as 2 October 1969 to 1 October 1971; MOS as 94B2O (Cook) and no overseas service. This form was signed by the applicant and the authorizing officer. 7. The newspaper article provided by the applicant states that he had taken part in training exercises during the first week of October as a member of the 1st Infantry Division assigned to Fort Riley, Kansas. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. This regulation made no provision for showing temporary duty (TDY) on the DD Form 214. 2. Army Regulation 611-201 (Enlisted Career Management Fields (CMF) and MOS) provides the enlisted MOS classification structure of the U.S. Army. A review of the regulation in effect at the time of the applicant’s service revealed that CMF 74 was used for Record Information Operations. CMF 74 contained the following four MOSs: 74C, 74D, 74F, and 74Z. CMF 94 was used for Food Service and contained only one MOS, 94B. DISCUSSION: 1. The applicant contends that his military records should be corrected by showing he: * held PMOS 74Y2O * held SMOS 94B2O * entered basic training in October 1968 at Fort Benning, Georgia * deployed to the RVN from Fort Bragg, North Carolina in 1969 * deployed to Germany for REFORGER 4-63 2. The applicant further contends that the military failed to properly record his information resulting in the VA not recognizing that he had served in combat. 3. A review of the applicant’s OMPF revealed a complete file covering his period of active service from his date of entry to his date of REFRAD and subsequent discharge from the USAR. All of these documents appear to be original and consist within themselves. There is no apparent error or misrepresentation of his service. These documents show: a. He entered the military on 2 October 1969. There is no evidence showing he had any earlier military service. b. The only MOS that he held was MOS 94B2O, which was a cook. MOS 74Y did not exist at the time the applicant served. c. The available evidence does not show that he deployed to the RVN or that he served in combat. However, he was assigned to Fort Riley at the time of REFORGER 4-63 and most likely he participated in that exercise. Unfortunately, details of such TDY is not authorized for entry on the DD Form 214. 4. Based on the available evidence there is no evidence of error or injustice in what the Army did in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001482 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001482 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2