IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100028483 


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 & Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show Tank Operator vice 62J (General Construction Machine Operator).

2.  The applicant does not make any statements.

3.  The applicant provides his DD Form 214 and one page from his DA Form 20 (Enlisted Qualification Record).

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 22 January 1968.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 110, issued by Headquarters, 15th Support Brigade, Fort Lewis, WA, dated 8 May 1970, awarded him the secondary MOS (SMOS) of 62J.

4.  Special Orders Number 124, issued by the same headquarters, dated 26 May 1970, promoted him to the rank/grade of specialist five (SP5)/E-5 in the MOS of 62J.  As a result, his PMOS of 11B and SMOS of 62J was withdrawn and he was awarded PMOS 62J.

5.  Special Orders Number 19, issued by the same headquarters, dated 26 January 1971, reassigned him to the transfer point for separation processing.  His MOS is shown as 62J.

6.  He was honorably released from active duty on 12 February 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 11 months, and 27 days of creditable active service.

7.  Item 23a of the DD Form 214 he was issued at the time shows the entry "62J, General Construction Machine Operator."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, the purpose of the separation document is to provide the individual with documentary evidence of his or her military service upon retirement, discharge, or release from active military service or control of the Army.  In item 23a enter the PMOS code number and title.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was awarded PMOS 62J on 26 May 1970 and he held this MOS through his separation date of 12 February 1971.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  As such, his DD Form 214 correctly reflects his MOS as 62J, General Construction Machine Operator.  Therefore, there is no basis for granting 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)                                         AR20100028483



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ABCMR Record of Proceedings (cont)                                         AR20100028483



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