BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100022181 


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, in effect, item 25a (Specialty Number and Title) of his DD Form 214 (Report of Transfer or Discharge) be amended.

2.  The applicant states:

* The last year of his service he was attached to the Public Information Office (PIO) as a combat photographer and writer in Vietnam
* He was asked to volunteer for the PIO because he had experience in both writing and photography

3.  The applicant provides:

* Three photographs he took in Vietnam
* 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 12 September 1963 for a period of 3 years.  

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

* he was awarded military occupational specialty (MOS) 71J (pay specialist) on 21 May 1964
* he served in duty MOSs 71J, 73C (computer), and 71Q (information specialist) during his assignment in Vietnam 

4.  On 15 June 1966, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 

5.  Item 25a of his DD Form 214 shows the entry "71J2P PAY SPEC" [specialist].  

6.  There is no evidence of record and the applicant did not provide any evidence which shows he completed training in or was awarded an MOS for combat photography and writer.   

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the primary MOS will be entered in item 25a on the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

No evidence shows he completed training in or was awarded an MOS for combat photography and writer.  Therefore, there is no basis for granting his request to amend item 25a of 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)                                         AR20100022181



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022181



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1