IN THE CASE OF:	  

		BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130002703 


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 her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show her military occupational specialty (MOS) as 71L (Administrative Specialist) rather than 71B (Clerk Typist) at the time of her discharge.

2.  The applicant states her MOS was changed to 71L when she was promoted to the rank/pay grade of specialist five (SP5)/E-5, but her DD Form 214 does not reflect that change.  She worked hard to get promoted and wants her DD Form 214 to accurately reflect her accomplishments.  She used to have the documentation for this change, but she was unable to locate the form because it has been so long.

3.  The applicant provides no additional evidence.

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 Women's Army Corps on 27 February 1969.  She completed initial entry training and was awarded MOS 71B on 8 July 1969.

3.  She was advanced to specialist four (SP4)/E-4 on 17 December 1969.

4.  Her records contain a DA Form 2496-1 (Disposition Form), dated 24 July 1970, which shows she was recommended for a waiver for promotion to SP5/E-5 into career progression MOS (CPMOS) 71L.

5.  Her records also contain a memorandum from Headquarters, Troop Command, U.S. Army Fort Huachuca Support Command, dated 9 September 1970, subject:  Recommended List for Promotion of Enlisted Personnel to Pay Grades E-6 and E-5, which shows the applicant was placed on the standing list for promotion to E-5 in promotion MOS 71L based upon her selection for promotion on 9 September 1970.

6.  The applicant was honorably discharged on 8 January 1971.  Her DD Form 214 shows:

* item 5a (Grade, Rate, or Rank) – SP5
* item 5b (Pay Grade) – E-5
* item 6 (Date of Rank) – 8 December 1970
* item 23a (Specialty Number and Title) – 71B2O Clerk Typist

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214 and states 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was selected for promotion in CPMOS 71L on 9 September 1970 and was subsequently promoted to SP5/E-5 in MOS 71L on 8 December 1970.

2.  Her DD Form 214 erroneously shows her MOS as "71B2O Clerk Typist" at the time of her discharge.  Therefore, she is entitled to correction of her DD Form 214 to properly show her MOS as "71L2O Administrative Specialist."

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 23a of her DD Form 214 and replacing it with the entry "71L2O Administrative Specialist."



      ____________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)                                         AR20130002703



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ABCMR Record of Proceedings (cont)                                         AR20130002703



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