IN THE CASE OF:	  

		BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100014831 


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 item 23a (Specialty Number and Title) of his DD Form 214 (Report of Transfer or Discharge) to show "Medic."

2.  The applicant states:

* He was trained as a medic in the Army
* The Army did not correctly list his specialty number at the time of his discharge

3.  The applicant provides a copy of 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 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 enlisted in the Regular Army on 2 December 1968 for a period of 3 years.  His DA Form 20 (Enlisted Qualification Record) shows he was awarded military occupational specialty (MOS) 76Y (supply clerk).  He served in Vietnam from 7 July 1969 to 6 July 1970.  On 17 February 1971, he was honorably discharged by reason of hardship. 

3.  Item 23a of the applicant's DD Form 214 shows the entry "Unit and Org [Organization] Supply Spec [Specialist]."  His DD Form 214 shows he was separated on temporary records.

4.  There is no evidence of record and the applicant did not provide any evidence which shows he was awarded a medical MOS.

5.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that the primary MOS code number and title would be entered in item 23a on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

Although the applicant contends he was trained as a medic in the Army, there is no evidence of record and the applicant did not provide any evidence to support this contention.  Evidence of record shows he was awarded MOS 76Y which is properly shown in item 23a of his DD Form 214.  Therefore, there is insufficient evidence in which grant 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)                                         AR20100014831



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ABCMR Record of Proceedings (cont)                                         AR20100014831



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