ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

	BOARD DATE:  2 April 2019

	DOCKET NUMBER:  AR20160014622


APPLICANT REQUESTS: correction of his DA Form 20 (Enlisted Qualification Record) to show his principal duty during the period 10 September 1965 to 22 January 1966 and on 22 March 1966, from security guard to his actual duty.  He also requests a personal appearance before the Board. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

	a.  His Record of Principal Duty (11B2O) from 10 September 1965 through 22 January 1966 incorrectly states Security Guard.  The entry for 20 March 1966 is also shown as Security Guard.  His principal duty was Helicopter Door Gunner/ Infantry Patrolman (The Bush)/ Training for Crewmen.  He flew for Colonel Bailey.  Others in the same duty included [Names of other Soldier].  They were constantly under fire.  He was supposed to have received flight medals for this service.

	b.  He was Acting Sergeant working under Major XXXXX.  He was a Helicopter Gunner/Fork Driver responsible for bringing supplies from Saigon to Pho Loi.  With crew of eight men, headed up the 605thTransportation Company Co (ADS), including XXXXX from Detroit, MI, and XXXXX from NJ, who were also crewmembers when he (the applicant) was shot down on 9 May 1966.  He was severely wounded, and he assisted in saving the pilot's life.  XXXXX was also wounded, and he (the applicant) was able to pull him from the helicopter with XXXXX’s assistance.



3.  Review of the applicant’s service records shows: 

	a.  He was inducted into the Army of the United States on 18 December 1964.  He was trained in and held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

	b.  He served in Vietnam from 20 May 1965 to 18 May 1966.  His DA Form 2-1 shows he was assigned as follows (Date, duty MOS, Principal Duty, and Organization): 

* 23 May 1965, duty MOS: 11B, Principal Duty: Security Guard, Organization: Headquarters and Headquarters Detachment, 765th Transportation Battalion
* 10 September 1965, 11B, Security Guard, 765th Security Platoon
* 21 January 1966, 11B, Security Guard, 128th Air Mobile Company (Attached)
* 15 January 1966, 11B, Security Guard, 56th Transportation Company (DS) 
* 22 January 1966, 11B, Security Guard, 56th Transportation Company (DS) (Attached 128th Air Mobile Company)
* 20 March 1966, 11B, 605th Transportation Company (ADS)
* 17 May 1966, Casual (enroute to Continental United States)       

	c.  He was honorably released from active duty on 16 December 1966.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in item 25a (Specialty Number and Title): 11B2O Light Weapons Infantryman. 

	d.  He enlisted in the Regular Army on 3 January 1967.  He held MOS 16C (Hercules Missile Fire Control Crewmember).  

	e.  A second DA Form 20 shows similar entries with respect to the dates, duty MOS, principal duty, and organization).

	f.  He served in Germany beginning on 10 May 1968.  He was transferred to Landstuhl Army Medical Center on 24 March 1969 and Fitzsimmons General Hospital in Colorado on 4 April 1969.   

	g.  A physical evaluation board convened on 1 December 1970, found him unfit, and recommended his placement on the temporary disability retired list (TDRL).

	h.  He was honorably retired on 28 January 1971 and placed on the TDRL on 29 January 1971.  His DD Form 214 for this period of service shows in item 23a (Specialty Number and Title): 16C (Hercules Missile Fire Control Crewmember).  

4.  By regulation (Army Regulation (AR) 15-185 (ABCMR)), an applicant is not entitled to a hearing before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR.  

5.  By regulation (AR 600-200 (Enlisted Personnel Management Program)), the DA Form 20 is a snapshot of a Soldier's personnel data as it was at the time the form was produced and it was used as an internal management tool to assist officials processing a Soldier's assignment/reassignment, promotions, and career progression.  

	a.  The DA Form 20 is no longer active or accessible after a Soldier's discharge.  Additionally, the DA Form 20 became obsolete in the mid-1970s when it was replaced by the DA Form 2-1 (Personnel Qualification Record), which is also now obsolete.  

	b.  The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation.  Since the DA Form 20, and its successor, the DA Form 2-1, are not normally accessible by individuals other than the Soldier, there is normally no basis for correcting these documents.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the policy of this Board to not change internal personal documents and, in the opinion of the Board, there being no injustice to the applicant, the Board recommended denying the applicant’s request.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	 DENY APPLICATION



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.
	 
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.





REFERENCES:

1.  (Optional as applicable.)  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  

	a.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

	b.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions.  Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

3.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time governed the preparation of the DA Form 20 (Enlisted Qualification Record).  Chapter 9 provided a step by step guidance to completing the DA Form 20.  It stated the chronological record of assignments would be entered in item 38.

ABCMR Record of Proceedings (cont)	 AR20160014622


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