BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160011981 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 BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160011981 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 22c of his DD Form 214 to show 3 months and 26 days of foreign service credit. 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 amending his total active service and his military occupational specialty. ______________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: 6 June 2018 DOCKET NUMBER: AR20160011981 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: a. his service on active duty as 1 year and 7 days, b. his foreign service in Germany, and c. his duty military occupational specialty (MOS) as "11B1Q (Redeye Gunner)." 2. The applicant states: a. his active duty period should read 15 March 1967 to 22 March 1968; b. his entire time spent in Germany was not noted on his DD Form 214; and c. his duty MOS was "11B1Q (Redeye Gunner)," which was changed to "11B1O (Light Truck Driver)." 3. The applicant provides: * DD Form 214 * page 3 of his DA Form 20 (Enlisted Qualification Record) * 11 pages of his service medical records 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 DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 15 March 1967 for a period of 2 years. 3. Headquarters, U.S. Army Training Center Infantry, Fort Lewis, Special Orders Number 173, dated 29 June 1967, awarded him MOS 11B1O (Infantryman) effective 15 July 1967. 4. Headquarters, U.S. Army Training Center Infantry, Fort Lewis, Special Orders Number 183, dated 10 July 1967, assigned him to 1st Battalion, 15th Infantry Regiment, U.S. Army Europe. 5. Headquarters, U.S. Army Training Center (Air Defense), Fort Bliss, Special Orders Number 220, dated 15 August 1967, awarded him primary MOS "11B1Q" and withdrew primary MOS 11B1O. 6. Item 27 (Military Education) of his DA Form 20 shows he completed the 3-week Redeye Gunner Course QS03B at the U.S. Army Training Center (Air Defense), Fort Bliss, on or about 18 August 1967. 7. Item 31 (Foreign Service) of his DA Form 20 shows he departed the continental United States en route to Germany on or about 23 August 1967. 8. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 15th Infantry Regiment, 3d Infantry Division, in duty MOS 11B1O as a light truck driver effective 25 August 1967. 9. His records contain a DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice), dated 21 October 1967, showing nonjudicial punishment was imposed against him for failing to go to his appointed place of duty on 21 October 1967. 10. Headquarters, 1st Battalion, 15th Infantry Regiment, 3d Infantry Division, Special Court Martial Order Number 1, dated 2 January 1968, shows he was found guilty of four specifications of Article 91 of the Uniform Code of Military Justice (insubordinate conduct towards a noncommissioned officer) and three specifications of Article 134 of the Uniformed Code of Military Justice (disorderly conduct, breaking restriction, assault). He was sentenced to confinement at hard labor for 4 months, forfeiture of $40.00 pay per month for 4 months, and reduction to the rank/grade of private/E-1. The sentence was approved and ordered executed. 11. He submitted medical documents showing he was seen for various medical conditions between 9 November 1967 and 4 January 1968 while stationed in Germany. 12. Headquarters and Headquarters Company, 1st Battalion, 15th Infantry Regiment, 3d Infantry Division, memorandum from his company commander, dated 9 February 1968, subject: Discharge for Unsuitability under Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability), notified him of his intent to initiate elimination proceedings against him for unsuitability. 13. His records contain a U.S. Army Europe Form 2183 (Enlisted Personnel Data), dated 13 February 1968, showing he was confined beginning on 11 December 1967. Item 29 (Record of Nonjudicial Punishment) shows 1 day of absence without leave on 21 October 1967. 14. Headquarters and Headquarters Company, 1st Battalion, 15th Infantry Regiment, 3d Infantry Division, memorandum, dated 16 February 1968, subject: Separation under Army Regulation 635-212 (Unsuitability), states he was advised in writing of his unit commander's contemplated action to separate him for unsuitability under the provisions of Army Regulation 635-212. He indicated he was advised by counsel of the basis for his contemplated separation, its effect, and the rights available to him. He waived consideration of his case by a board of officers and a personal appearance before a board of officers, and did not submit a statement in his own behalf. 15. Headquarters and Headquarters Company, 1st Battalion, 15th Infantry Regiment, 3d Infantry Division, memorandum from his company commander, dated 16 February 1968, subject: Discharge for Unsuitability under Army Regulation 635-212, recommended his discharge before the expiration of his term of service because of habits and traits of character manifested by petty offenses, habitual shirking, and refusal to accept discipline. His commander noted his duty MOS was "11B1Q" and he was assigned to the Redeye section as a gunner. His performance of duty and general behavior during the period 25 August 1967 to 23 December 1967 was unsatisfactory. His military supervisors and the psychiatric examiner agreed that rehabilitative efforts would be useless. He was presently confined in the Mannheim Stockade with a release date of or about 2 April 1968. 16. On 4 March 1968, the separation authority approved his discharge for unsuitability under the provisions of Army Regulation 635-212 and directed issuance of a General Discharge Certificate. 17. Headquarters, 1st Battalion, 15th Infantry Regiment, 3d Infantry Division, Special Court-Martial Order Number 9, dated 21 March 1968, remitted the unexecuted portion of his sentence to confinement at hard labor. 18. His DA Form 20 shows he departed Germany en route to the continental United States on or about 20 March 1968. 19. His records contain no evidence indicating he completed the Defense Equal Opportunity Management Institute and was qualified to occupy an Equal Opportunity Advisor position. 20. He was discharged under honorable conditions (general) effective 22 March 1968. His DD Form 214 shows in: * item 22a(1) (Net Service This Period) – 8 months and 28 days * item 22a(2) (Other Service) – none * item 22a(3) (Total) – 8 months and 28 days * item 22b (Total Active Service) – 8 months and 28 days * item 22c (Foreign and/or Sea Service) – none * item 23a (Specialty Number and Title) – 11C1O, Light Weapons Infantryman * item 26 (Non-Pay Periods – Time Lost) – 11 December 1967 through 21 March 1968 * item 30 (Remarks) – "100 DAYS LOST UNDER 10 USC 972 [TITLE 10, U.S. CODE, SECTION 972]" REFERENCES: 1. Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, prescribed the military occupational specialty classification structure of the U.S. Army. The MOS code consists of five basic characters and provides more specific occupational identity than the MOS. The MOS code is used to classify both personnel and positions in authorization documents. a. The elements of the MOS code include: (1) First three characters. This is a three-character numeric-alpha combination that identifies the MOS without regard to level of skill. The first two characters relate to the MOS. (2) Fourth character. This is a number. With the first three characters, it shows skill and grade level in the MOS. (3) Fifth character. This may be a letter or a number that reflects a skill qualification identifier (SQI) common to a number of positions and MOS. The letter "O" will always be inserted as the fifth character when a position does not require special qualifications or an individual is not qualified for award of an SQI. b. MOS 11B duty assignments included: * ammunition agent * ammunition bearer * ammunition handler * ammunition section leader * ammunition specialist * automatic rifleman * company scout * gunner * instructor * light weapons infantryman * machine gunner * radio telephone operator * Redeye gunner * rifleman * scout driver * scout observer c. SQI Q (Equal Opportunity Advisor) was used to identify positions in any MOS requiring assignment of people educated at the Defense Equal Opportunity Management Institute and qualified to occupy such positions. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on 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 general instructions stated that all available records would be used as a basis for the preparation of the DD Form 214. a. The instructions for item 22b stated to enter the total active service the individual completed, beginning with the earliest period of active service up to and including a current period of active duty, less any time lost under Title 10, U.S. Code, section 972. b. The instructions for item 22c stated to enter the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214. c. The instructions for item 23a stated to enter the primary MOS code and title. d. The instructions for item 30 stated to enter the total number of days lost under Title 10, U.S. Code, section 972, with inclusive dates. DISCUSSION: 1 The applicant requests correction of his DD Form 214 to show he was credited with 1 year and 7 days of active service. He contends the record does not show the full amount of time he was in the U.S. Army. 2 The evidence of record shows he entered active duty on 15 March 1967. While serving in Germany he was sentenced to 4 months of confinement at hard labor by a special court-martial beginning 11 December 1967. Discharge proceedings were initiated against him while he was in confinement. The unexecuted portion of his sentence to confinement was remitted on 21 March 1968. He was charged with 100 days of lost time. 3 His total creditable service from 15 March 1967 to 22 March 1968, less 100 days lost due to confinement, equaled 8 months and 4 days. Item 22b (Total Active Service) of his DD Form 214 properly shows his creditable active service as 8 months and 4 days. 4. The applicant requests correction of his DD Form 214 to show his foreign service in Germany. He contends his entire time served in Germany is not noted on his DD Form 214. 5. The evidence of record shows he reported to Germany on or about 18 August 1967 and he departed on or about 20 March 1968; however, he was in confinement from 11 December 1967 through 21 March 1968. He was charged with 100 days of lost time during this period. 6. His total creditable foreign service from 18 August 1967 to 20 March 1968, less 100 days lost due to confinement, equaled 3 months and 26 days. Item 22c (Foreign and/or Sea Service) of his DD Form 214 does not show his creditable foreign service. 7. The applicant requests correction of his DD Form 214 to show he was awarded MOS "11B1Q (Redeye Gunner)" after completion of the Redeye Gunner Course QS03B. 8. The evidence of record shows he was awarded MOS 11B1O effective 15 July 1967. He completed the Redeye Gunner Course QS03B on or about 18 August 1967 and was coincidentally awarded primary MOS "11B1Q." 9. At the time of his service, SQI Q represented Equal Opportunity Advisor and was used to identify positions in any MOS requiring assignment of people educated at the Defense Equal Opportunity Management Institute and qualified to occupy such positions. The orders awarding him primary MOS "11B1Q" upon completion of the Redeye Gunner Course QS03B appear to be in error. Item  //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011981 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011981 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2