RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060011274 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Thomas M. Ray

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. James R. Hastie

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 his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his primary military occupational specialty (PMOS) as 11B4O (Light Weapons Infantryman).

2.  The applicant states, in effect, that he never served as a supply sergeant.  He further states that he believes that this is a typographical error and his records should show that he was an infantryman.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 17 October 1969, the date of his release from active duty.  The application submitted in this case is dated 1 August 2006.

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 limitations 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.  On 9 November 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded MOS 11B1O (Light Weapons Infantryman).

4.  On 27 September 1968, the applicant was assigned for duty as an infantryman with the 2nd Battalion, 14th Infantry, in the Republic of Vietnam.

5.  On 7 July 1969, the applicant was promoted to the rank of staff sergeant, pay grade E6, in PMOS 11B4O (Light Weapons Infantryman). 

6.  Special Orders 217, paragraph 34, 25th Infantry Division, dated 5 August 1969, withdrew the applicant's PMOS of 11B4O and awarded him 76Y4O (Supply Sergeant).  This order was amended on 8 August 1969, to correct his PMOS to read as 76Y4M [This added the special qualification identifier "M" for First Sergeant].
7.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that he performed duties in MOS 11B4O as a squad leader from October to March 1968.   He served as an operations sergeant for the last 7 months of his tour in the Republic of Vietnam.

8.  On 17 October 1969, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of staff sergeant, pay grade E6 and completed 1 year, 11 months, and 9 days of creditable active duty.

9.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214, shows 76Y4M Supply Sergeant.  It does not include the date awarded or information pertaining to evaluation.

10.  Army Regulation 635-5 (Separation Documents), as in effect at the time, provided in pertinent part that Item 23a was to contain the applicant's PMOS code number, title and date of award.  In addition, it required entry of his PMOS evaluation score.  If the enlisted member had not received an evaluation score, then enter "None."

11.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was trained as an infantryman and performed duties as such during his entire period of service.  However, a few months prior to his release from active duty, orders were published changing his PMOS from 11B4M to 76Y4M.

2.  The prescribing regulation, in effect at the time, required that the applicant's PMOS of record on the date of his separation be entered into Item 23a of his DD Form 214, to include the date of its award.  It further required entry of his evaluation score and date, if received.  If not, the entry was to be "None." 

3.  Item 23a of the applicant's DD Form 214 only shows the code number and title of his PMOS.  It does not show the date of its award or status of evaluation. 

4.  In view of the above, there is no basis for granting the applicant's request.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 October 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
16 October 1972  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_JCR ___  __JRH___  __TNR__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the date of his award of his PMOS and that he did not have an evaluation score, by adding in Item 23a of his DD Form 214 the entry: "8 August 1969" and "None."




__     Thomas M. Ray______
          CHAIRPERSON


INDEX

CASE ID
AR200600112274
SUFFIX

RECON
 
DATE BOARDED
20070301 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0500
2.

3.

4.

5.

6.