IN THE CASE OF: BOARD DATE: 13 December 2016 DOCKET NUMBER: AR20150013952 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 December 2016 DOCKET NUMBER: AR20150013952 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20140015280, dated 14 July 2015. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entries in items 5a, 5b, and 6 of his DD Form 214 and adding the entries SGT, E-5, and 1 December 1969, respectively. 2. The Board further determined 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 correction of his DD Form 214 to show his MOS as 11C. ___________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. IN THE CASE OF: BOARD DATE: 13 December 2016 DOCKET NUMBER: AR20150013952 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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his: * rank/grade as sergeant (SGT)/E-5 vice specialist four (SP4)/E-4 * military occupational specialty (MOS) as 11C (Indirect Fire Infantryman) vice 94B (Cook) 2. The applicant states, in effect, he is providing new evidence that was not previously considered. 3. The applicant provides: * DD Form 214 * four DA Forms 2349 (Military Pay Voucher) * DA Form 1341 (Allotment Authorization) * DA Form 2139 (Military Pay Voucher) * orders * a certificate * Standard Form (SF) 89 (Report of Medical History) * SF 88 (Report of Medical Examination) * SF 601 (Immunization Record) CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140015280 on 14 July 2015. 2. As new evidence, the applicant provides: * four DA Forms 2349 for the pay periods 1 - 31 December 1969, 1 - 31 March 1970, April 1970 [special pay], and 1 - 30 April 1970, that all show his pay grade as E-5 * DA Form 1341, dated 6 January 1970, shows he started an allotment on that date and his pay grade as E-5 * DA Form 2139, date illegible, shows his pay grade as E-5 * Special Orders (SO) Number 107, dated 17 April 1970, issued by Headquarters (HQ), 2nd Infantry Division (ID), Korea, authorizing him hostile fire pay from 1 January to 28 February 1970; these orders show his rank as SGT * a certificate, showing he was presented the Imjin Scout Insignia for his service in the demilitarized zone (DMZ), Korea, from 20 September 1969 to 5 February 1970; this certificate shows his rank as SGT 3. The applicant was inducted into the Army of the United States on 6 June 1968. He completed basic combat training and was assigned for advanced individual training (AIT) to the 2nd Battalion (BN), 5th Combat Services Training Brigade, Fort Dix, NJ. He successfully completed AIT and was awarded MOS 94B. 4. SO Number 268, dated 24 September 1968, issued by HQ, U.S. Army Training Center, Infantry, and Fort Dix, assigned him to the U.S. Military Academy (USMA) Preparatory School, Fort Belvoir, VA. These orders shows his MOS as 94B. 5. On 21 October 1998, he was assigned to the USMA Preparatory School, Fort Belvoir in MOS 94B. 6. SO Number 40, dated 20 March 1969, issued by HQ, USMA Preparatory School, Fort Belvoir, promoted him to the temporary rank of SP4. These orders show his MOS as 94B. 7. On 12 May 1969, he was assigned to the 3rd BN, 23rd Infantry Regiment, 2nd ID, Korea, in MOS 94B. 8. On 3 February 1970, he received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for failing to go to his prescribed place of duty. The punishment imposed was forfeiture of $30 pay for 1 month, restriction for 2 weeks, and extra duty for 2 weeks. DA Form 2627-1 (Record of Proceedings under Article 15, UCMJ), dated 3 February 1970 shows his rank as SGT. 9. The following SO were issued by HQ, 2nd ID, Korea: a. SO Number 49, dated 18 February 1970, announced his forfeiture of $30 pay for 1 month effective 3 February 1970. These orders show his rank as SGT. b. SO Number 104, dated 14 April 1970, reassigned him to the U.S. Army Transfer Station, Fort Lewis, WA, for separation processing with a reporting date of 31 May 1970. These orders shows his rank as SP4 and MOS as 94B; however, a handwritten entry of "SGT" and "11C" was annotated above his rank and MOS. 10. His record contains a/an: a. DA Form 137 (Installation Clearance Record) showing he cleared various facilities at Camp Lawton, Korea, and was to depart Korea on 27 May 1970. This clearance record was signed by his commander and shows his rank as SGT. b. SO Number 148, dated 28 May 1970, issued by HQ, U.S. Army Personnel Center, Fort Lewis, relieved him from active duty effective 28 May 1970. These orders show his rank as SGT and MOS 11C. c. DA Form 2376 (Notification to State Adjutants General (AG) - Release from Active Duty (REFRAD) of Obligated Reservist), dated 28 May 1970, advising the AG, Trenton, NJ, the applicant was being REFRAD on or about 28 May 1970 and should arrive home on or about 7 June 1970. This form shows the applicant's rank as SGT. The form, in part, also stated, "This information was extracted in part from the individual's DA Form 20 (Enlisted Qualification Record) to facilitate his early enlistment in the Army National Guard if he so desires." 11. He was honorably REFRAD on 28 May 1970 and was transferred to the U.S. Army Reserve (USAR). The DD Form 214 he was issued shows the following entries in: * item 5a (Grade, Rate or Rank) - SP4 * item 5b (Pay Grade) - E-4 * item 6 (Date of Rank (DOR)) - 20 March 1969 * item 23a (Specialty Number & Title) - 94B20, Cook 13. His DA Form 20 shows the following entries in: * item 2 (Grade) - SGT/E-5 * item 3 (DOR) - 20 March 1969 * item 8 (Duty MOS) - 94B20 * item 22 (MOS) - 94B20, 4 October 1968 * item 27 (Military Education) - Cook, 94B, school 8 weeks in 1968 14. Item 33 (Appointments and Reductions) of his DA Form 20 shows the following entries: * Private/E-1 (permanent), 6 June 1968 * Private/E-2 (permanent) 6 October 1968 * Private First Class/E-3 (permanent), 10 December 1968 * SP4/E-4 (temporary), 20 March 1969 15. Item 38 (Record of Assignments) of his DA Form 20 shows, after he completed, BCT, he was assigned in duty MOS 94B. 16. His record is void of any evidence that shows he was reduced from SGT to SP4 in May 1970. REFERENCES: 1. Army Regulation (AR) 600-200 (Enlisted Personnel Management System) then in effect prescribed policies, responsibilities, and procedures pertaining to career management of Army personnel. a. It stated units at the company, troop, and battery level, and separate detachment commanders may appoint qualified individuals as acting corporals (E-4) and acting SGTs (E-5) to serve in position vacancies existing in their units including those resulting from temporary absences of assigned noncommissioned officers (NCO). Acting NCOs may wear either the regular insignia of permanent grade or acting NCO insignia. Acting NCOs are not entitled to pay and allowances at the higher grade and service will not be credited as time in a higher grade for promotion or date of rank purposes (emphasis added). b. The temporary appointment of enlisted personnel to the grade in which serving will automatically become permanent on the date of completion of time in grade (TIG) and time in service (TIS). Effective March 1969 for promotion to: * E-4 - TIG was 6 months with 3 months waivable (minimum TIG was 3 months); TIS was 1 year with 5 months waivable (minimum TIS was 7 months) * E-5 - TIG was 8 months with 4 months waivable (minimum TIG was 4 months; and TIS was 21 months with 6 months waivable (minimum TIS was 15 months) c. For enlisted personnel in grades E-3 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders. Field grade commanders in the rank of lieutenant colonel or higher could promote to E-5. Promotion to grades E-5 and E-6 would be made against Department of the Army promotion cutoff scores for the primary and secondary zone lists announced monthly. d. All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises. The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught but it is not a basis for the award of an MOS. 2. AR 635-5 (Separation Documents) establishes standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It states to enter the MOS held at the time of separation in item 23a. DISCUSSION: 1. While it is apparent the applicant's DA Form 20 contains inconsistencies, the evidence of record confirms during his service in Korea he held the rank of SGT/E-5. His record contains several orders/forms that show he held this rank through May 1970 and he provided military pay records that show he was paid as an E-5 from December 1969 through April 1970. His record is void of any evidence that shows he was reduced to SP4/E-4 prior to his release from active duty on 28 May 1970. Although the specific date he was promoted to SGT is not known, it would be appropriate to correct his DD Form 214 to show his rank as SGT and DOR as 1 December 1969. 2. With respect to his MOS, based on his assignment in Korea in an infantry unit and his service in the DMZ, it is reasonable to presume he may have been required to perform duties in MOS 11C. Although he may have served in MOS 11C, there is no evidence that shows he was ever formally school trained in or awarded this MOS. His DD Form 214 properly shows his MOS as 94B, the MOS he held at the time of his discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013952 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013952 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2