IN THE CASE OF:	  

		BOARD DATE: 	        16 July 2009

		DOCKET NUMBER:  AR20090004781 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his primary military occupational specialty (MOS) as 63B1O (Light Wheel Vehicle Mechanic).

2.  The applicant states that he attended and completed advanced individual training (AIT) for MOS 63B1O, but his DD Form 214 shows MOS 63D1O (Artillery Mechanic).

3.  The applicant provides copies of his DD Form 214 and a United States Army Training Center diploma for completion of the Light Wheel Vehicle Mechanics Course at Fort Jackson, South Carolina, dated 19 January 2001, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a 


substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was a specialist, pay grade E-4, in the Texas Army National Guard at the time of his application.

3.  On 24 July 2000, the applicant enlisted in the Regular Army.  On 19 January 2001, he completed the Light Wheel Vehicle Mechanics Course for award of MOS 63B1O.

4.  On 1 April 2002, the applicant was advanced to the rank of specialist, pay grade E-4, in the primary MOS 63B1O.

5.  On 6 November 2005, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had completed 5 years, 3 months, and 13 days of creditable active duty.

6.  Item 11 (Primary Specialty) of the applicant's DD Form 214 shows 63D1O, Artillery Mechanic, 4 years and 11 months.  Item 14 (Military Education) of this same form does not show completion of any training as an Artillery Mechanic.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his primary MOS 63B1O.

2.  The available evidence clearly shows that the applicant successfully completed military training as a light wheel vehicle mechanic and was awarded MOS 63B1O.  He was subsequently promoted in this MOS to specialist, pay grade E-4.

3.  There is no available evidence showing that he completed any military education or on-the-job training as an artillery mechanic.  There is no available evidence showing that he was ever awarded MOS 63D1O.

4.  In view of the above, the applicant's DD Form 214 should be corrected to show his primary specialty as 63B1O.



BOARD VOTE:

___x_____  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____ ___  __ ____  ___ ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 11 of his DD Form 214 the entry "63D1O00 Artillery Mechanic - 4 years 11 months" and

	b.  adding to item 11 of his DD Form 214 the entry "63B1O00 Light Wheel Vehicle Mechanic - 4 years 11 months."



      ___________X______________
       	     CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20090004781



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ABCMR Record of Proceedings (cont)                                         AR20090004781



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