ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  27 August 2019

	DOCKET NUMBER:  AR20180001214


APPLICANT REQUESTS: correction of the below blocks of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 

* block 4 (Department, Component and Branch or Class) class error shows Adjutant General (AG) should be Aviation (AV)
* block 23a (Specialty Number & Title) date error shows 26 April 1971 should be 26 March 1971
* block 24 (Decorations, Medals, Badges Commendations, Citations and Campaign Ribbons Awarded or Authorized) add Army Commendation Medal (ARCOM)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 
* Special Orders 83 Military Occupation Specialty (MOS) 71P20 (Flight Operations Coordinator), effective date, 26 April 1971
* General Orders Number 124, TC 439 Section III Awarded:  ARCOM

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 in February 1981 he requested to update this records but didn’t have the supporting documents.  His DD Form 214 shows errors or omissions in the below blocks:

* DD 214, block 4 class error. Shows 'AG' should be 'AV'. See United States Army Aviation (USAAVNS) Special Order 83 dated 26 March 1971 assigning 71P20
* DD 214, block 23a date error Shows 26 April 1971 should be 26 March 1971 See USAAVNS Special Order 83 dated 26 March 1971
* DD 214, block 24 omission, add Army Commendation Medal. See HQ VII Corps General Orders 124 dated 11 September 1973.

3.  The applicant provides:

* DD Form 214
* Orders 83 dated 26 March 1971 – awarded primary MOS 71P20, effective date, 26 April 1971
* General Orders Number 124, TC 439 Section III Awarded:  ARCOM
4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army (RA) on 8 October 1970.

	b.  His DA Form 20 (Enlisted Qualification Record) shows he held the 71P20 MOS in block number 22 (Military Occupational Specialties) on 26 April 1971.

	c.   On 1 October 1973, his DD Form 214 shows that he was released to United States Army Reserve (USAR) from active duty.  He completed 2 years, 11 months and 24 days of total active service.  His DD Form 214 shows the following information in (block 4) ARMY-RA-AG and (block 23a) 71P20 26 April 1971.

5.  AR 635-5  (Separation Documents) prescribes the separation documents that are furnished individuals who are retired, discharged, or released from active military service, including members of Reserve components on active duty for training
(ADT) or full-time training duty (FTTD) and US Military Academy cadets.  Item 4b enlisted personnel Enter "ARMY" in capital letters; also enter component and branch in which serving immediately prior to separation.  Items 23a and b. In item 23a enter primary MOS code number, title, and date of award. In addition, enter PMOS evaluation score and date of score. If the enlisted person has not received a PMOS evaluation score, enter "None." If more space is required, enter "see 30" and continue remark in item 30.  If the specialty represented by the MOS has a related civilian occupation, enter in item 23b the appropriate job title and code number from the Dictionary· of Occupational Titles. If not applicable, enter "N A."

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found partial relief was warranted.  The applicant’s contentions were carefully considered.  The Board agreed an error is reflected on his DD Form 214 showing AG instead of AV.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the MOS effective date is correctly listed on the DD Form 214; the date the applicant contends is correct is the date of the order and not the effective date of the MOS.  

Finally, the Board agreed to add the ARCOM to his DD Form 214, and award him an Army Good Conduct Medal.

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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 8 October 1970 to 1 October 1973, and amending his DD Form 214 for the period ending 1 October 1973 by:

     a.  item 4 – show “ARMY-RA-AV”

     b.  item 24 – add the Army Commendation Medal, and the Army Good Conduct Medal (1st Award)

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 changing the effective date of his MOS.
	 
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 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 635-8 (Separation Documents) the DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 REFRAD, retirement, or discharge.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.

3.  AR 635-5  (Separation Documents) prescribes the separation documents that are furnished individuals who are retired, discharged, or released from active military service, including members of Reserve components on active duty for training
(ADT) or full-time training duty (FTTD) and US Military Academy cadets.  Item 4b enlisted personnel Enter "ARMY" in capital letters; also enter component and branch in which serving immediately prior to separation.  Items 23a and b. In item 23a enter primary MOS code number, title, and date of award. In addition, enter PMOS evaluation score and date of score. If the enlisted person has not received a PMOS evaluation score, enter "None." If more space is required, enter "see 30" and continue remark in item 30.  If the specialty represented by the MOS has a related civilian occupation, enter in item 23b the appropriate job title and code number from the Dictionary· of Occupational Titles. If not applicable, enter "N A."

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180001214


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