IN THE CASE OF:	  

		BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100018218 


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 his date of induction be corrected to show 25 October 1962 and his military occupational specialty (MOS) to show 111 (Infantryman).

2.  The applicant states his date of induction and his MOS are incorrectly shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides copies of his DA Form 20 (Enlisted Qualification Record), his DD Form 214, and his DD Form 215 (Correction to 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's date of induction was corrected with the issuance of the DD Form 215.  Therefore, this issue is moot and will not be further addressed.

3.  The applicant was inducted into the Army of the United States on 25 October 1962 and completed MOS training as a cook (941) as well as basic airborne training.

4.  His DA Form 20 shows he served in Vietnam in the principal duty of:

* cook with Company D, 2nd Airborne Group, 187th Infantry Regiment, from 13 June 1963 through 2 February 1964
* automatic rifleman with Company C, 2nd Battalion (Airborne), 506th Infantry Regiment, from 3 February 1964 through 23 October 1964
* during both periods his MOS is listed as 941.17

5.  The applicant was released from active duty on 23 October 1964.  His separation orders show MOS 941.17 as does his DD Form 214.

6.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provided the policies for the Enlisted Personnel Management System.  In pertinent part, an MOS will be awarded upon qualification in an MOS, completion of MOS training by an Army service school or training activity or upon successful completion of on-the-job training.  All awards of an MOS are to be announced in published orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in a duty position of an automatic rifleman; however, there is no evidence he was formally awarded MOS 111.

2.  Without documentation to show the applicant was awarded MOS 111, there is insufficient evidence to warrant correction of his record.

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 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)                                         AR20100018218



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ABCMR Record of Proceedings (cont)                                         AR20100018218



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