ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 August 2019 DOCKET NUMBER: AR20180010865 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his rank/grade as specialist four (SP4)/E-4 vice private first class (PFC)/E-3 * his military occupational specialty (MOS) as infantry vice food service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 it was about a week before his separation and he was late for roll call. He was reduced to E-3 and he never got into trouble the whole time in the service. He wants his E-4 grade reinstated. There was a hearing and the captain said he (the applicant) was now an E-3. He also wants his MOS changed from food service to infantry. He was only a cook long enough before going to jump school, and after jump school, he went to the 82nd Airborne which was in the infantry. 3. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 21 February 1968. He completed basic combat training at Bliss, TX and was reassigned to Fort Huachuca, AZ for advanced individual training. He did not graduate from training. b. He was reassigned to Fort Gordon, GA on or about 5 July 1968 and completed 8 weeks of advanced individual training at Fort Gordon, GA, and he was awarded primary MOS 94B (Cook) on 5 July 1968. c. Special Orders Number 152, issued by Headquarters, 3rd AIT Brigade, U.S. Army Training Center, Fort Gordon, GA on 24 July 1969 advanced him to SP4/E-4 in MOS 94B. d. Following MOS training, he was sent to Fort Benning, GA for completion of the Basic Airborne Course, and following airborne training, he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 505th Infantry Regiment, Fort Bragg, NC in duty MOS 94B (Cook). e. He served in Korea from on or about 19 May 1970 to on or about 13 February 1971. He was assigned to Headquarters Battery, 2nd Battalion, 71st Artillery in duty MOS 94B (Cook) and on 18 August 1970, to D Battery, 2nd Battalion, 71st Artillery in duty MOS 16D (Gawk Missile Crewman). f. Special Orders Number 42, issued by Headquarters, Eighth U.S. Army Personnel and Administration Battalion, Korea, on 18 January 1971, reduced him from SP4/E-4 to PFC/E-3. g. Special Orders Number 44, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA directed his release from active duty effective 13 February 1971. The orders listed his rank as PFC and his MOS as 94B. h. He was honorably released from active duty on 13 February 1971. His DD Form 214 shows he completed 2 years, 11 months, and 9 days of active service with 14 days of lost time. It also shows in: * Block 5a (Grade, Rate or Rank) and 5b (Pay Grade), PFC and E-3 respectively * Block 6 (date of Rank) 18 January 1971 * Block 23a (Specialty Number and Title ), 94B2O Cook * Block 25 (Education and Training Completed), Food Service 8 weeks i. There is no evidence in the applicant’s records that show shows he was promoted back to SP4/E-4 between the date of reduction on 18 January 1971 and the date of separation on 13 February 1971. j. There is no evidence in the applicant’s records that shows he was formally training as an infantryman or was awarded an infantry primary (or secondary) MOS. 4. By regulation (AR 600-200), the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders. 5. By regulation (AR 635-5), chapter 2 contained guidance on the preparation of the DD Form 214 and stated: * Blocks 5a and 5b will show the active duty rank and pay grade at the time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders * Block 6 shows the date of rank * Block 23a shows the primary MOS code number and title * Block 24 shows the education and training completed by the Soldier. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the applicant was never formally trained and awarded the MOS of 11B and that the MOS currently depicted on his DD Form 214 was correct. Additionally, the Board found insufficient evidence to show that the applicant was ever promoted back to SP4 after being reduced by Special Orders Number 42. Therefore, the Board recommended denying the requested relief by the applicant. 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. 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. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. It stated, in part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders. 3. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document was to provide the individual with documentary evidence of their military service. Chapter 2 contained guidance on the preparation of the DD Form 214. It stated, in part, that: * items 5a and 5b will show the active duty rank and pay grade at the time of the Soldier's separation; taken from the Soldier’s promotion/reduction orders * item 6 shows the date of rank * item 23a was to show the Soldier's primary MOS code and title * item 25 shows the education and training completed by the Soldier ABCMR Record of Proceedings (cont) AR20180010865 4 1