RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 October 2007
DOCKET NUMBER: AR20070005961
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.
Ms. Catherine C. Mitrano
Director
Ms. Antoinette Farley
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Mr. James E. Anderholm
Member
Mr. Joe R. Schroeder
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 military occupational specialty (MOS) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 11 November 1974.
2. The applicant states, in effect, that MOS 64C20 (Light Vehicle Driver) as shown on his DD Form 214 should be changed to MOS 64C40 or 64C40 Heavy Vehicle Driver. The applicant continues that his DD Form 214 is in error and denies him an accurate record to apply for work prior to and after discharge from prison.
3. The applicant provides in support of his case a copy of his DD Form 214 and a copy of his DA Form 20 (Enlisted Qualification Record) in support of this case.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's service records are incomplete; however, his available records show that he entered active duty on 19 November 1971 and was awarded the MOS 64C20 (Light Vehicle Driver) on 31 March 1972.
3. The applicant's records also show that while he was stationed in Germany he was further assigned as a Light Vehicle Driver during the period 28 April 1972 through 30 October 1972 and as a Heavy Vehicle Driver during the period
31 October 1972 through 8 November 1974.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 11 November 1974 in primary MOS 71N20 (Movements Specialist) and was transferred to the United States Army Reserve (USAR) Control Group to complete his remaining service obligation.
5. Item 16a (Primary Specialty Number and Title) of the applicant's DD Form 214 shows the entry 71N20, 73-05-31, Movements Specialist, and item 17a (Secondary Specialty Number and Title) of the applicant's DD Form 214 shows the entry 64C20, 72-03-31, Light Vehicle Driver.
6. Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows an initial MOS entry of 64C20 on 31 March 1972. Item 22 also shows he was awarded primary MOS 71H20 (Movements Specialist) on 17 May 1973. There are no orders in the applicant's record which show he was awarded MOS 64C (Heavy Vehicle Driver).
7. Item 27 (Military Education) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant completed a 5-week Light Vehicle Driver course, MOS Code 64C2O, in 1972; and a 3-week Driver Training Course, MOS Code 64C3O, in 1972.
8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that 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. In pertinent part, it directs that the primary MOS code number and title will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his MOS as 64C3O (Heavy Vehicle Driver).
2. The applicant's record shows he performed the principal duties of a Light Vehicle Driver and a Heavy Vehicle Driver while stationed in Germany. However, his record shows he was only credited with the completion of MOS 63C2O (Light Vehicle Driver) in 1972. The applicant's records show he was awarded a new primary MOS of 71N2O (Movements Specialist) in 1973 and made his previous MOS 63C2O (Light Vehicle Driver) his secondary MOS.
3. Army Regulation 635-5 directs that the MOS held at the time of separation is to be recorded on the DD Form 214.
4. Evidence of record shows that at the time of the applicant's separation, he held MOS 71N2O (Movements Specialist). Therefore his DD Form 214 is correct as currently constituted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_JRS____ __JEA___ __SLP __ 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.
__Shirley L. Powell_
CHAIRPERSON
INDEX
CASE ID
AR20070005961
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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