IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100022036 


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 16a (Primary Specialty Number and Title) on his DD Form 214 (Report of Separation from Active Duty) to show his title as “Gunner, Maintenance.”

2.  He does not submit any contentions.  

3.  He 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 was inducted into the Army of the United States on 26 February 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 70A (Clerk).  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 22 (MOSs) he was awarded primary MOS 70A1O on 29 June 1970
* Item 27 (Military Education) he completed the Clerk Course in 1970
* Item 38 (Record of Assignments) he performed duties as a light truck driver in duty MOS 70A1O and as a heavy vehicle driver in duty MOS 64B2O 

4.  Orders published on 23 August 1970 show he was promoted to private first class, effective date 15 August 1970, in MOS 70A1O.  

5.  His service record does not indicate he was either trained as or awarded a gunner or maintenance MOS.  

6.  He was discharged on 27 April 1971.  Item 16a on his DD Form 214 shows his primary specialty number and title as 70A1O Clerk.  

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version in effect at the time directed that the MOS code, title, and date of award be entered in item 16a on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed advanced individual training and was awarded MOS 70A1O on 29 June 1970.  

2.  The evidence of record shows he performed duties as a light truck driver in MOS 70A1O and as a heavy vehicle driver in MOS 64B2O.  His service record is void of evidence which shows he was ever awarded a gunner or maintenance MOS.  Therefore, there is insufficient evidence on which to grant the 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)                                         AR20100022036



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ABCMR Record of Proceedings (cont)                                         AR20100022036



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