IN THE CASE OF:	

		BOARD DATE:	  2 February 2010

		DOCKET NUMBER:  AR20090013042 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show that his military occupational specialty (MOS) was 91B2O (combat medic) and not 71B2O (clerk typist) as presently shown.

2.  The applicant states he was a school-trained combat medic and he served in Vietnam as a combat medic.

3.  The applicant provides his DD Form 214 and documents pertaining to a prior Army Board for Correction of Military Records (ABCMR) case in which additional awards and his Vietnam service were added to his DD Form 214.

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 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’s military records show he was inducted in the Army of the United States on 1 September 1966.  He was awarded military occupational specialty (MOS) 91B (medical specialist), and he was advanced to the rank/
grade of specialist four (SP4)/E-4.

3.  He served in Vietnam as an ambulance orderly from 15 March 1967 to
5 June 1967.  He was returned to the continental United States prior to the completion of his Vietnam tour because of a medical condition (not a wound).

4.  On 30 January 1968, Headquarters, Walson Army Hospital, Fort Dix, NJ, Special Orders Number 21 withdrew the applicant's MOS of 91B2O and awarded him the MOS of 71B2O under the provisions of Army Regulation 600-200 (Enlisted Personnel Management System), paragraph 2-30(2), by reason of reclassification due to medical (physical) inability to perform his required duties.

5.  On 10 July 1968, the applicant was honorably released from active duty to accept seasonal employment.  The DD Form 214 he was issued shows his MOS as 71B2O.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that for block 23a (Specialty Number and Title), enter primary MOS code number and title.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant was awarded MOS 91B2O, that MOS was withdrawn and he was awarded MOS 71B2O due to reclassification.

2.  As such, the applicant's DD Form 214 shows the proper MOS that he held at the time of his separation from active service.  Therefore, there is no basis for granting the applicant's requested relief.


BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090013042



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ABCMR Record of Proceedings (cont)                                         AR20090013042



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