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ARMY | BCMR | CY2004 | 2004101691C070208
Original file (2004101691C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          28 September 2004
      DOCKET NUMBER:  AR2004101691


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Karen Y. Fletcher             |     |Member               |
|     |Mr. Ronald E. Blakely             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, correction of the Primary Military Occupational
Specialty (PMOS) and Title shown on his DD Form 214, Certificate of Release
or Discharge from Active Duty.

2.  The applicant states, in effect, that he "was never a SPFAS Mechanic.
I was an air traffic controller my entire second enlistment."  He adds that
he wishes to have the correction made to properly reflect his training and
experience related to his military service.

3.  The applicant provides copies of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 5 March 1987, the date of his release from active duty.  The
application submitted in this case is dated 3 December 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The record shows that the applicant had prior service in the Army and
on 12 May 1981, the applicant enlisted for 6 years in the US Army Reserve.
On 2 July 1981, the applicant enlisted in the Regular Army for a period of
3 years.  He successfully completed advanced individual training at Fort
Rucker, Alabama, and was awarded the PMOS 93J, Air Traffic Control Radar
Controller.

4.  Item 6 Military Occupational Specialties), DA Form 2-1, Personnel
Qualification Record – Part II, shows that the applicant was awarded the
MOS 93J on 3 February 1982.

5.  The applicant performed duties in this MOS (93J) in a variety of duty
titles, to include the duties of Approach Control Specialist, Ground
Control Supervisor,
Ground Controlled Approach Controller, at Fort Hood, Texas; Fort Riley,
Kansas; and in Korea.

6.  The applicant performed duties in the MOS for a total of 5 years and 1
month.

7.  On 5 March 1987, the applicant was honorably discharged in the rank and
pay grade, Sergeant, E-5, under the provisions of AR 635-200, Chapter 9.
On the date of his discharge, the applicant had completed a combined total
of 8 years, 8 months, and 2 days active Army service and a total of 3
years, 1 month and 22 days inactive service.

8.  The DD Form 214 the applicant was issued on his discharge on 5 March
1987, in Item 11 (Primary Specialty Number, Title and years and months in
specialty), appears the following entry, "63D10, Self Propelled Field
Artillery System Mechanic, 4 mos//91B10, Medical Specialist, 5 yrs & 8
mos."

DISCUSSION AND CONCLUSIONS:

1.  The entry in Item 11, of the applicant's DD Form 214 is incorrect.

2.  The evidence of record shows that the applicant was assigned and
performed duties in MOS 93J throughout most of the period covered by the DD
Form 214 and it would therefore by appropriate to correct his separation
document at this time.

BOARD VOTE:

__fe____  __kyf___  __reb___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual
concerned be corrected by showing that the applicant held and performed in
the MOS 93J (Air Traffic Control Radar Controller) for a period of 5 years
and 1 month.  So much of the data as pertains to the MOS 91B10 will be
carried forward as it is entered on the DD Form 214.




                 Fred Eichorn
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004101691                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040928                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  6                   |100.0500                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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