IN THE CASE OF: BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016732 BOARD VOTE: ___x____ ____x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016732 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a.  deleting the current entry in item 11 of his DD Form 214, b.  adding the following entries to his DD Form 214: * item 11 – 13B1O, CANNON CREWMEMBER, 3 YEARS 7 DAYS * item 12a – 77  09  19 * item 12c – 03  10  13 * item 12e – 00  08  05 * item 12f – 00  00  15 * item 12h – 80  06  01 * item 13 – EXPERT MARKSMANSHIP QUALIFICATION BADGE WITH RIFLE BAR (M-16) AND GRENADE BAR * item 14 – CANNON CREWMEMBER COURSE, 12 WEEKS, 1977 * item 18 – IMMEDIATE REENLISTMENTS THIS PERIOD: 770919-800415 _____________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: 2 March 2017 DOCKET NUMBER: AR20150016732 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 issuance of a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)). 2. The applicant states: a.  His DD Form 214 was completed without records and is missing pertinent service information. A DD Form 215 was never issued or received. b.  He was diagnosed with amyotrophic lateral sclerosis. He needs his DD Form 214 completed to obtain eligibility for veterans' healthcare benefits. 3. The applicant provides a copy of his DD Form 214 and a cover letter from the Grand Traverse County Department of Veterans Affairs, dated 22 September 2015. 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 U.S. Army Reserve on 14 January 1977 for a period of 6 years in the rank/pay grade of private/E-1 under the Delayed Entry Program. 3. On 18 September 1977, he was discharged from the Delayed Entry Program for immediate enlistment in the Regular Army. 4. On 19 September 1977, he enlisted in the Regular Army for a period of 3 years in the rank/pay grade of private/E-1. 5. Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK, Orders 321-19, dated 17 November 1977, awarded him primary military occupational specialty (MOS) 13B1O (Cannon Crewman), effective 15 December 1977. 6. On 18 May 1979, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for leaving his duty section without authority with the intent to abandon the same on or about 24 April 1979. 7. Headquarters, U.S. Army Field Artillery Center and Fort Sill, Orders 71-51, dated 11 March 1980, awarded him secondary MOS 94B effective 5 March 1980. 8. On 16 April 1980, he reenlisted for a period of 3 years. 9. On 1 June 1980, he was advanced to the rank/pay grade of specialist four/ E-4. 10. Headquarters, U.S. Army Field Artillery Center and Fort Sill, Orders 358-244, dated 23 December 1980, awarded him primary MOS 94B1O and withdrew primary MOS 13B1O effective 22 December 1980. 11. Records show he married E____ M____ on 4 March 1981 and became stepfather to her two children, a boy, age 9 at the time, and a girl, age 16 at the time. 12. Records show he departed the continental United States (CONUS) on 3 April 1981 and he was assigned to Battery A, 1st Battalion, 9th Infantry Division, Korea, on 10 April 1981. 13. He was granted leave for the period 18 April 1981 to 17 May 1981. 14. On 12 May 1981, the American Red Cross received an approved leave extension until 27 May 1981 on behalf of the applicant. 15. On 15 May 1981, the Chief, Professional Services, Headquarters, U.S. Army Medical Department Activity, Fort Sill, contacted his commanding officer in writing and advised him that the applicant's family had developed serious and extreme problems during his absence. He recommended the applicant's compassionate reassignment and he reported the following, in part, with regard to the applicant's family: a.  His 16-year old step-daughter was apprehended in the act of shoplifting and was made a ward of the juvenile court. She was remanded to the custody of the County Sheriff on 8 April 1981 but immediately disappeared and continued to be missing. A warrant was issued for her arrest. His wife did not have any favorable information regarding her health or welfare. b.  His 9-year old stepson had developed learning and behavioral problems in school secondary to the applicant's absence and turbulence surrounding his sister. c.  A favorable resolution could be expected within 12 months with proper attention to the problems. 16. On 21 May 1981, the applicant and his wife were evaluated for a compassionate reassignment. On the same date, the Chief, Professional Services, Headquarters, U.S. Army Medical Department Activity, Fort Sill, OK, approved the request. 17. Headquarters, U.S. Army Field Artillery Center and Fort Sill, Orders 142-450, dated 22 May 1981, attached him to Battery A, U.S. Army Field Artillery Center and Fort Sill, effective 22 May 1981, pending a hardship discharge. 18. His DA Form 200 (Automated Data Processing Data Transmittal Record), dated 22 July 1981, documenting transmittal of his DA Form 201 (Military Personnel Records Jacket) notes he was improperly processed out of his unit. 19. On 31 July 1981, he was honorably released from active duty and transferred to the U.S. Army Control Group (Reinforcement). His DD Form 214 shows in: * item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) – 94B1O, Food Service Specialist, See Item Number 18 (Remarks) * item 12a (Date Entered Active Duty This Period) – See Item Number 18 * item 12b (Separation Date This Period) – 81  07  31 * item 12c (Net Active Service This Period) – See Item Number 18 * item 12d (Total Prior Active Service) – 00  00  00 * item 12e (Total Prior Inactive Service) – See Item Number 18 * item 12f (Foreign Service) – See Item Number 18 * item 12h (Effective Date of Pay Grade) – See Item Number 18 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – See Item Number 18 * item 14 (Military Education) – NA * item 18 – Service member separated on temporary records and Soldier's Affidavit. DD Form 215 will be issued to provide missing information. NOTHING FOLLOWS * item 28 (Narrative Reason for Separation) – Hardship 20. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * item 9 (Awards, Decorations, and Campaigns) – Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar * item 17 (Civilian Education and Military Schools), in part, U.S. Army Field Artillery School, Cannon Crewmember (MOS 13B), 12 weeks, 1977 21. On 21 December 2015, the applicant died. REFERENCES: 1. Army Regulation 614-30 (Assignments, Details, and Transfers), in effect at the time, provided policy guidance for eligibility and selection of military personnel for foreign service and tour lengths of military personnel serving in foreign areas. a.  Paragraph 1-5d stated personnel who serve for at least 45 consecutive days, but for an insufficient amount of time to receive credit for a completed overseas service tour, will be credited for such duty, regardless of whether it was served on a permanent change of station basis or on a temporary duty basis. b.  Paragraph 1-5g stated an overseas tour for CONUS residents commences on the day an individual departs from a CONUS port for overseas service. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions stated for: a.  item 11, enter the MOS codes, titles, years, and months for warrant officers and enlisted personnel; b.  item 12a, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued; c.  item 12c, all service entered will be less time lost under Title 10, U.S. Code, section 972, and time lost after expiration of term of service; d.  item 12e, all service entered will be less time lost under Title 10, U.S. Code, section 972, and time lost after expiration term of service; e.  item 12f, enter the total amount of foreign service completed during the period covered in item 12e (should read item 12c); f.  item 12h, enter the effective date of promotion to pay grade; g.  item 13, self-explanatory; h.  item 14, list in-service training courses, title, number of weeks, and year successfully completed during the period of service; training courses for combat skills will not be listed; i.  item 18, use the remarks section for entries required by Headquarters, Department of the Army, for which a separate item is not available on the form and for completing entries that are too long for their blocks. When completing a long entry, place the item number before the rest of the comment. The following entries, in part, will be included in item 18: (1)  When a temporary DA Form 201 is used for separation, enter "SEPARATED FROM SERVICE ON TEMPORARY RECORDS AND SOLDIER'S AFFIDAVIT." (2)  When information for a specific item is unavailable, enter "DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION." (3)  Enter a list of enlistment periods for which a DD Form 214 was not issued. Example: "IMMEDIATE REENLISTMENTS THIS PERIOD: 761210-791001; 791002-821001." (4)  Enter either "NOTHING FOLLOWS" flush with the last word entered or "CONTINUATION SHEET ATTACHED." DISCUSSION: 1. He held primary MOS 13B1O from 15 December 1977 to 21 December 1980, a period of 3 years and 17 days. This MOS is not listed in item 11 of his DD Form 214. Further, MOS 94B1O is incorrectly listed in item 11 of his DD Form 214. He served in primary MOS 94B1O during the period 22 December 1980 to 31 July 1981, a period of less than 1 year. 2. He enlisted in the Regular Army on 19 September 1977. The date he entered active duty is not shown in item 12a of his DD Form 214. 3. Item 12c of his DD Form 214 does not show his net service from 19 September 1977 to 31 July 1981, a period of 3 years, 10 months, and 13 days. 4.  Item 12e of his DD Form 214 does not show his service in the U.S. Army Reserve during the period 14 January 1977 to 18 September 1977, a period of 8 months and 5 days. 5. His foreign service in Korea during the period 3 April 1981 to 17 April 1981, a period of 15 days, is not shown in item 12f of his DD Form 214. 6. He was advanced to pay grade E-4 on 1 June 1980. This date is not shown in item 12h of his DD Form 214. 7. He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar. These badges are not shown in item 13 of his DD Form 214. 8. He completed the 12-week Cannon Crewmember Course in 1977. This course is not shown in item 14 of his DD Form 214. 9. He reenlisted on 16 April 1980. Item 18 of his DD Form 214 does not show the mandatory entry "IMMEDIATE REENLISTMENTS THIS PERIOD: 770919-800415." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016732 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016732 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2