BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20150018121 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: 11 May 2017 DOCKET NUMBER: AR20150018121 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: 11 May 2017 DOCKET NUMBER: AR20150018121 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: a. item 3a (Grade, Rate, or Rank), his rank as sergeant (SGT)/E-5; b. item 25a (Specialty Number and Title), he was a company driver; and c. item 29 (Other Service Training Courses Successfully Completed), he was trained to drive various vehicles. 2. The applicant states: a. Item 25a of his DD Form 214 just shows his specialty as medical specialist and does not mention that he was a company driver. He was a company driver from 27 August 1964 to 27 August 1967. b. Headquarters, XV U.S. Army Corps Reserve Special Order Number 108 shows he was a sergeant/E-5 at the time of his discharge. c. He was licensed to drive various military vehicles as shown on his U.S. Government Motor Vehicle Operator's Identification Card. 3. The applicant provides: * DD Form 214 * U.S. Government Motor Vehicle Operator's Identification Card * Army Reserve Change of Address Report * Headquarters, XV U.S. Army Corps Reserve Special Order Number 108, dated 21 November 1967 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 14 February 1964. He completed his training and was awarded military occupational specialty (MOS) 91A (medical specialist). 3. He provided a copy of his U.S. Government Motor Vehicle Operator's Identification Card, issued on 27 August 1964, showing he was qualified to operate various military vehicles. 4. Headquarters, 15th Field Hospital, Special Orders Number 42, dated 29 September 1965, show he was appointed to the temporary rank of specialist four/E-4 in MOS 91B (medical noncommissioned officer). 5. Item 28 (Specialized Training) of his DA Form 20 (Enlisted Qualification Record) shows he completed the following training: * Army Training Program 21-114 (Basic Combat Training) * Military Justice * Chemical, Biological, and Radiological * Code of Conduct * Geneva Convention 6. Headquarters, XVIII Airborne Corps and Fort Bragg, Special Orders Number 36, dated 9 February 1966, released him from active duty effective 11 February 1966 in the rank of specialist four/E-4. 7. His DD Form 214 shows in: * item 3a – specialist four/E-4 (temporary) * item 25a – MOS 91B2O Medical Specialist * item 29 – no driver training courses 8. There is no evidence showing he was promoted to SGT/E-5 prior to his release from active duty (REFRAD) on 11 February 1966. 9. There is no evidence showing he was awarded or held a driver MOS. 10. There is no evidence showing he completed any installation courses for operating vehicles. 11. Item 33 (Appointments and Reductions) of his DA Form 20 shows he was appointed to the permanent rank of SGT/E-5 effective 21 June 1967. 12. He provided Headquarters, XV U.S. Army Corps Reserve Special Order Number 108, dated 21 November 1967, showing his rank as SGT/E-5 at the time he was released from assignment to Company G (Military Police), 91st Regiment (Advanced Individual Training), and assigned to the U.S. Army Reserve Control Group (Annual Training). REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated 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 REFRAD, retirement, or discharge. a. The instructions for item 3a stated to enter the grade in which serving at the time of separation, indicating whether permanent or temporary. b. The instructions for item 29 stated to enter installation training courses (qualification courses), military correspondence courses, and off-duty courses completed during the period covered by the DD Form 214. DISCUSSION: 1. The applicant's DD Form 214 is a "snapshot in time" and is a reflection of his record of active Army service at the time of his REFRAD. He was serving in the temporary rank of specialist four/E-4 at the time of his REFRAD which is properly shown on his DD Form 214. He was promoted to SGT/E-5 in the U.S. Army Reserve in June 1967, 16 months after his REFRAD. 2. He contends item 25a of his DD Form 214 should be corrected to show he was the company driver. However, there is no evidence and he provided no evidence showing he was awarded or held a driver MOS. 3. He contends item 29 of his DD Form 214 should be corrected to show he was trained to drive various military vehicles and he provided his U.S. Government Motor Vehicle Operator's Identification card in support of this claim. However, there is no evidence and he provided no evidence showing he completed any installation training courses for operating vehicles. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018121 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018121 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2