BOARD DATE: 6 November 2012 DOCKET NUMBER: AR20120008301 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of military occupational specialty (MOS) 11B (Infantryman) and an incident of friendly fire. 2. The applicant states: * his record incorrectly shows he held MOS 76Y (Unit Supply Clerk) while he was stationed in Germany * his first job while he was in Germany was that of an infantry Soldier * he believes his company commander falsified his record by indicating his duty performance was in MOS 76Y * his commander intentionally withheld information regarding his involvement in a friendly fire incident 3. The applicant provides two self-authored statements. 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. It is unclear what error the applicant is requesting be corrected in regard to his "friendly fire" incident. He may reapply if he still believes an error or injustice exists in his record, but he should clearly identify the error and what specific remedy he is seeking. Therefore, this issue will not be discussed any further in this record of proceedings. 3. The applicant enlisted in the Regular Army on 13 December 1966. 4. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. Item 22 (MOS) he completed training in and was awarded a 76 series career management field MOS in 1967. b. Item 27 (Military Education) the entry: * General Supply Course, 76A1O, 6 weeks, 1967 * Signal Supply and Parts Course, 76G2O, 7 weeks, 1967 c. Item 31 (Foreign Service) he served in the U.S. Army Europe (Germany) from 2 June 1967 through 7 April 1968. d. Item 38 (Record of Assignments) he was assigned to E Troop, 2d Reconnaissance Squadron, 2d Armored Cavalry Regiment (Germany, performing duties in MOS 63C (Track Vehicle Mechanic), and 76Y from 30 June 1967 to 6 April 1968. 5. His record contains Special Orders Number 130, issued by 2d Reconnaissance Squadron, 2d Armored Cavalry, on 6 July 1967, which shows he was awarded MOS 76A (Supply Clerk). 6. On 15 July 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 2 years, 7 months, and 3 days of total active service. Item 23a (Specialty Number and Title) of his DD Form 214 shows his MOS as 76Y (Unit and Organization Supply Specialist). 7. His record contains no evidence and he did not provide any evidence to show that he held MOS 11B or performed duties in MOS 11B. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. The primary MOS code number and title would be entered in Item 23a. DISCUSSION AND CONCLUSIONS: There is no evidence and he did not provide any to show he was awarded or performed duties in MOS 11B while he was stationed in Germany. Therefore, in the absence of evidence to support his claim it is presumed that his DD Form 214 is correct as constituted. 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) AR20120008301 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120008301 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1