ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  20 May 2019

	DOCKET NUMBER:  AR20180016992


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from Active Duty) to show his:

* date of birth (DOB) as "XX XX XX" instead of "XX XX XX"
* airborne status
* various training locations

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Certificate of Birth
* Page 3 of DA Form 20 (Enlisted Qualification Record)
* DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice)

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 Board will not consider the applicant's request to change the date of his birth, as this item will be addressed through an administrative correction.

3.  The applicant states he would like all of his training locations listed on the DD Form 214, if possible, under item 27 (Remarks).

4.  The applicant enlisted in the Regular Army on 1 October 1971.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5.  Special Orders Number 164 issued by Headquarters, 82d Airborne Division on        23 August 1973, terminated the applicant from parachutist duty effective 2 August 1973.  The orders note the airborne qualifier "P" was withdrawn and his parachutist badge was revoked.  In addition, MOS 11B1P was withdrawn and he was awarded MOS 11B1O.

6.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  This regulation provides guidance for the completion of the DD Form 214, and stated:

     a.  for item 16a, enter the MOS code, title, and date of award.  Also, for enlisted personnel enter the Primary MOS evaluation score and date of score.  If the enlisted person has not received an evaluation score, enter "None."  

     b.  the remarks section will be used for entries authorized by Headquarters, Department of the Army (HQDA) for which a separate item is not available on the DD Form 214 and to complete entries too long for their respective blocks.  

     c.  Formal in-service training courses successfully completed during this period of service will be listed; e.g., medical and dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist in employment placement and job counseling, so training courses for combat skills will not be listed.  There was no provision for entering the location of the training.
 
BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request and the evidence in the record.  The Board noted the Special Orders that terminated the applicant’s parachutist duty and withdrew his airborne qualifier “P” and his authorization to wear the parachutist badge.  The Board also determined that there is no provision to enter training locations in the DD Form 214.  The Board agreed with the administrative correction to change the applicant’s Date of Birth as shown in the Administrative Notes below.

2.  After reviewing the application and all supporting documents, the Board found that partial relief was warranted.

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 16 January 1975 to reflect his date of birth as shown below.

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 his DD Form 214 reflecting airborne status and listing training locations.
 
	 
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.


ADMINISTRATIVE NOTE:  the applicant's Certificate of Birth is sufficient to administrative correct item 4 (Date of Birth) of the applicant's DD Form 214 for the period ending on 16 January 1975 without action by the Board.

     a.  delete the entry in item 4;

     b.  add to item 4 the entry, "XX  XX  XX"


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 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

     a.  Item 16a. Enter the MOS code, title, and date of award.  Also, for enlisted personnel enter the Primary MOS evaluation score and date of score.  If the enlisted person has not received an evaluation score, enter "None."

     b.  Item 27.  The remarks section will be used for entries authorized by HQDA for which a separate item is not available on the DD Form 214 and to complete entries too long for their respective blocks.  (12) List formal in-service training courses successfully completed during this period of service; e.g., medical and dental, electronics, supply,
administration, personnel, or heavy equipment operations.  This information is to assist in employment placement and job counseling, so training courses for combat skills will not be listed.

ABCMR Record of Proceedings (cont)	 AR20180016992


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