BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090015978


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 that Item 23 (Specialty Number and Title) on his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to 64B2O.

2.  The applicant states his military occupational specialty (MOS) was changed in Frankfurt, Germany in order for him to be able to haul petroleum.

3.  The applicant provides no additional documentation.

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 served in the Regular Army for 3 years from 17 April 1967 to 16 April 1970.  His DA Form 20 (Enlisted Qualification Record) shows he completed basic combat training at Fort Bliss, TX, and he was transferred to Fort Huachuca, AZ for advanced individual training.  On 21 July 1967, he was awarded MOS 64A1O (Light Vehicle Driver).  In August 1967, he was assigned to Germany in MOS 64A1O.

3.  The applicant returned to the United States in December 1967 and he was assigned to Vietnam from on or about 3 March 1968 to 2 March 1969.  In Vietnam, he performed duties in MOS 64B2O (Heavy Vehicle Driver).

4.  The applicant returned to the United States and completed his period of service at Fort Riley, KS, where he served in MOS 64A1O once again.

5.  The applicant's DA Form 20, Item 22 (Military Occupational Specialties), shows only MOS 64A1O.

6.  The applicant's separation order shows his MOS as MOS 64A1O.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It provides that information for entries in Item 23 (Specialty Number and Title) will be found in the Enlisted Qualification Record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his MOS changed from MOS 64A1O to MOS 64B2O.

2.  MOS 64A1O represents a light vehicle driver.  MOS 64B2O represents a heavy vehicle driver.  Although he did perform the duties of MOS 64B in Vietnam, it appears the applicant was never awarded MOS 64B.

3.  The applicant's records show he was school-trained in MOS 64A; he never attended training for MOS 64B.  In the absence of evidence to the contrary, it appears MOS 64A1O is properly listed on his DD Form 214.


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)                                         AR20090015978



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ABCMR Record of Proceedings (cont)                                         AR20090015978



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