ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 October 2019 DOCKET NUMBER: AR20170018131 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to change * Item 5b (Pay Grade) from specialist/E-4 to sergeant/E-5 * Item 7 (U.S Citizen) from No to Yes * Item 10 (Selective Service Local board Number) from 51 Brooklyn NY to Fort Hamilton, NY * Item 14 (District Area Command or Corps to which Reservist Transferred) from St. Louis MO to Jersey City, NJ * Item 25 (Education and Training Completed) from None to Basic Training at Fort Jackson. SC and School of Intelligence at Fort Huachuca AZ * Item 30 (Remarks) change Civilian Education from 12 to 15 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD form 214 * Copy of U.S Passport * Copy of Certificate of Nationalization * Copy of Military ID (Identification) Card 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 (ABCMR) 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 that he would like the following items on his DD 214 corrected: * Item 5b (Pay Grade) from E-4 to E-5 * Item 7 (U.S Citizen) from No to Yes * Item 10 (Selective Service Local board Number) from 51 Brooklyn NY to Fort Hamilton, NY * Item 14 (District Area Command or Corps to which Reservist Transferred) from St. Louis MO (He was never in MO) to Jersey City, NJ * Item 25 (Education and Training Completed) from None to Basic Training at Fort Jackson. SC and School of Intelligence at Fort Huachuca AZ * Item 30 (Remarks) change Civilian Education from 12 to 15 3. The applicant provides a copy of his DD Form 214 period ending 20 June 1970 that shows he would like corrected. He also provides a copy of his U.S Passport that shows his nationality as United States of America. A certificate of nationalization shows that he was naturalized by the U.S District Court in on 9 April 1969. A copy of his Military ID Card shows the grade of sergeant, USAR with an expiration date of 19 September 1978. 4. A review of the applicant’s record shows the following: a. DD Form 4 (Enlistment Contract_Armed Forces of the United States) reflects that he was inducted in the Army of the United States and served in the Regular Army (RA) from 12 September 1968. b. He served in Vietnam from 21 June 1969 to 14 June 1970. His DA Form 20 (Enlisted Qualification Record shows: * Item 2 (Grade) specialist/E-4 with a date of rank (DOR) of 16 April 1969 * Item 20 (Birthplace and Citizenship) Panama-Non-citizen * Item 22 (Military Occupational Specialties) shows SMOS (Secondary Mission Occupational Specialty (MOS)) 70A10 as a clerk and PMOS (Primary) as 64A10 (Light Vehicle Driver) * Item 27 (Military Education) shows Basic Army Admin for 70A10 (Clerk) * Item 33 (Appointments and Reductions) shows private first class/E-3, specialist/E-4 with a DOR 16 April 1969, Fort Huachuca, AZ, 1969 * Item 38 (Record of Assignments) shows Basic Combat Training FT Jackson, S.C, Student (Message Clerk) FT Huachuca AZ, Light Vehicle Driver, Vietnam c. His DA Form 2-1 (Personnel Qualification Record) shows in * Item 6 (Military Occupational Specialties) P51G20 (Soils Analyst) * Item 18 (Appointments and Reductions) sergeant/E-5 with DOR 20 August 1976, USAR * Item 23 (Place of Birth and Citizenship) shows Panama Republic * Item 35 (Record of Assignments effective 20 September 1976 Organization Station, Senior Soils Analyst, HHC 469th Engineer Battalion Jersey City, NJ d. His DA Form 2 (Personnel Qualification Record) shows in item 9 (Grade) sergeant, item 20 (Duty) Soils Analyst, and item 58 (Citizenship Status) Naturalized. e. His DD Form 398 (Statement of Personal History) shows in item 7 (U.S Citizen) Yes and certificate number C/V##XX#XX in 1969 Bisbee, Arizona. f. He was transferred to the USAR effective 20 June 1970. His DD Form 214 shows * Item 5b (Pay Grade) E-4 * Item 7 (U.S Citizen) from No * Item 10b (Selective Service Local board Number) 51 Brooklyn NY * Item 14 (District Area Command or Corps to which Reservist Transferred) St. Louis MO * Item 25 (Education and Training Completed) None * Item 30 (Remarks) Civilian Education 12 g. The applicant’s service records are void of documents that shows continued education beyond 12 years. h. 1AA Form 831 (Request for Assignment or Attachment of USAR Personnel), dated 18 April 1979 shows in item 13 (Current Assignment) Jersey City, NJ 5. AR 670-5 (Uniform and Insignia – Male Personnel) in effect at the time, states that Army specialists ranks are * Specialist Seven (F-7) * Specialist Six (E-6 * Specialist Five (E--5) * Specialist Four (E-4) 6. Army Regulation (AR) 600-8-104 (Army Military Human Resource Records (AMHRR) Management) states that Record Managers (RM) assisting Soldiers in their annual review of their individual record brief, also known as the enlisted record brief, DA Form 4037 (Officer Record Brief), or the Reserve Component’s DA Form 2–1 (Personnel Qualification Record), or any version of a Soldier’s individual record brief (hereafter known as the appropriate record brief), all pay entitlements, 2 AR 600–8–104 7 April 2014 and the AMHRR to ensure the record is accurate, and contains all required documents. Additionally, RMs will ensure all documents Web uploaded to iPERMS (Interactive Personnel Electronic Records Management System) are listed in, and meet the filing requirements of appendix B. (See app B for additional information). 7. AR 635-5 (Separation Documents) state that: * Item 5b (Pay Grade) enter pay grade * Item 7 (Citizenship) enter from DA Form 20 or DA Form 66 as appropriate * Item 14 a Command or Corps to which Reservist Transferred) for personnel retired or transferred to USAR * Item 25 (Education and Training Completed) service schools including major courses which were successfully completed, and military sponsored courses completed in civilian schools * Item 30 (Remarks) Civilian Education will be used to complete entries to long for their respective blocks 8. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was inducted into the Army of the United States on 12 September 1968. He became a naturalized citizen on 9 April 1969; however, his DD Form 214 for the period ending 20 June 1970 reflects he was not a U.S citizen. His DD Form 214 also does not show he completed MOS training. The Board agreed to correct his DD Form 214 to his citizenship status and the MOS course. Evidence of record shows he was promoted to SGT after the period covered by the DD Form 214. Therefore, the DD Form 214 is correct to show his rank at the time the form was created. His record is absent evidence that shows a local board number other than Brooklyn, NY. He did not provide evidence showing he completed civilian education higher than high school when his DD Form 214 was created. Regulatory guidance does not provide for the adding of basic training to the DD Form 214. Finally, the Board agreed the command to which transferred was properly annotated on his separation document as he was transferred to the Individual Ready Reserve before being assigned to a USAR unit. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 his DD Form 214 for the period ending 20 June 1970 by: a. block 7 – change the entry to show “Yes”; and b. block 25 – add the entry “Basic Army Administration, 4 weeks, 1968” adding the following additional statement to block 18 (Remarks) of his DD Form 214: “Continuous honorable active service from 3 October 1985 until 27 December 1987.” 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 adding civilian and military education, changing his rank, command to which transferred, and the local board number. 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. 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 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. Army Regulation (AR) 600-8-104 (Army Military Human Resource Records (AMHRR) Management) states that Record Managers (RM) assisting Soldiers in their annual review of their individual record brief, also known as the enlisted record brief, DA Form 4037 (Officer Record Brief), or the Reserve Component’s DA Form 2–1 (Personnel Qualification Record), or any version of a Soldier’s individual record brief (hereafter known as the appropriate record brief), all pay entitlements, 2 AR 600–8–104 7 April 2014 and the AMHRR to ensure the record is accurate, and contains all required documents. Additionally, RMs will ensure all documents Web uploaded to iPERMS (Interactive Personnel Electronic Records Management System) are listed in, and meet the filing requirements of appendix B. (See app B for additional information). 3. AR 670-5 (Uniform and Insignia – Male Personnel) in effect at the time, states that Army specialists ranks are * Specialist Seven (F-7) * Specialist Six (E-6 * Specialist Five (E--5) * Specialist Four (E-4) 4. AR 635-5 (Separation Documents) state that: * Item 5b (Pay Grade) enter pay grade * Item 7 (Citizenship) enter from DA Form 20 or DA Form 66 as appropriate * Item 14 a Command or Corps to which Reservist Transferred) for personnel retired or transferred to USAR * Item 25 (Education and Training Completed) service schools including major courses which were successfully completed, and military sponsored courses completed in civilian schools * Item 30 (Remarks) Civilian Education will be used to complete entries to long for their respective blocks NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170018131 5 1