IN THE CASE OF: BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150016991 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: 4 April 2017 DOCKET NUMBER: AR20150016991 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 amending the applicant's 13 June 1969 DD Form 214 as follows: a. block 5a (Grade, Rank, or Rate), "SGT (T)" and b. block 23a (Specialty Number and Title), 11C4O, Indirect Fire Crewman. _____________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: 4 April 2017 DOCKET NUMBER: AR20150016991 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 of Discharge) to show his rank as sergeant (SGT)/pay grade E-5 and correct his military occupational specialty (MOS) to show 11C4O. 2. The applicant states he was a SGT in MOS 11C4O (Indirect Fire Crewman) not a specialist 5 (SP5) in MOS 11B (Light Weapons Infantryman). 3. The applicant provides copies of his DD Form 214 and Special Orders Number 164. 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 was inducted into the Army of the United States on 13 September 1967, completed training, and was awarded MOS 11C. 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: * primary MOS 11C4O as of 2 February 1968 * secondary MOS 11B4O as of 17 June 1968 * last duty MOS 11B4O * service in Vietnam from 27 February 1968 through 26 February 1969 * service in Vietnam in duty MOS 11C4O * advancement to specialist 4 (SP4)/E-4 effective 1 June 1968 * promotion to SGT/E-5 (temporary) effective 13 November 1968 4. All documents contained in the official record after his promotion to pay grade E-5, including the copy of the orders submitted by the applicant, show the rank title of sergeant. 5. The applicant was honorably released from active duty on 13 June 1969. 6. The DD Form 214 provided by the applicant shows his: * rank as SP5 (T) [temporary] * MOS as 11B 7. The DD Form 214 contained in the applicant's official records has a pen and ink change to his rank showing "SGT (T)". 8. The applicant provides Special Orders Number 164 dated 13 June 1969 issued by Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, showing his rank within the standard name line as SGT and his MOS as 11C4O. REFERENCES: Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states: a. For block 5a (Grade, Rate or Rank), from DA Form 20, enter the Soldier's grade or rank in which serving at the time of separation indicating whether permanent or temporary. For example "SGT (P) or SGT (T)." b. For block 23a (Specialty Number and Title), from the DA Form 20, enter the specialty number and title of the primary MOS awarded during the current period. c. Corrections the DD Form 214 at certain blocks, including block 5a are not permitted. d. For permitted corrections of typographical errors in words and abbreviations, the corrections may only be corrected by erasure and overtype, provided corrections are neat and legible and do not penetrate or smear. Corrections will be initialed on all copies by the authenticating official. DISCUSSION: 1. Pen and ink corrections to entries at block 5a on a DD Form 214 are not authorized and the correction that was made on the applicant's DD Form 214 was not initialed by an authenticating official as required by the regulation in effect at the time of his service. 2. While SP5 and SGT are both pay grade E-5, they reflect different duties and authority within that pay grade. The applicant was promoted from SP4 to SGT (T) not SP5 and the applicant's DD Form 214 incorrectly shows his rank as SP5. 3. The applicant's DD Form 214 appears to incorrectly list his primary MOS as 11B. The MOS 11B was his secondary and duty MOS at the time of his release from active duty. As such, it appears it would be appropriate to correct his record to show his primary MOS as 11C4O on his discharge document. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016991 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016991 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2