RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 November 2007
      DOCKET NUMBER:  AR20070007587


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Mr. Donald L. Lewy                |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, in effect, that the military occupational
specialty (MOS) listed in Item 23a (Specialty Number and Title) of his 16
November 1969 Separation Document (DD Form 214) be corrected by adding the
Additional Skill Identifier (ASI) "Q" to the fifth character of the MOS
code entered.

2.  The applicant states, in effect, the 13B40 (Field Artillery Crewman)
MOS code listed in Item 23a is incorrect and he states that his actual MOS
Code was 13B4Q.  He claims that anybody can be a Field Artillery Crewman,
but it took a little more brains to identify planes and missiles.

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

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's record shows that he was inducted into the Army and
entered active duty on 6 December 1967.  He completed advanced individual
training (AIT) in MOS 13A (Field Artillery) and attended the 13A1Q Redeye
Gunner Course at Fort Sill, Oklahoma.  Upon completion of AIT and the
Redeye Gunner Course, he was awarded MOS 13A with the Additional Skill
Identifier (ASI) Q (Redeye Gunner).

3.  On 14 December 1968, while the applicant was serving in Germany,
Headquarters, 2nd Battalion, 5th Artillery Special Orders Number 237,
withdrew the applicant's Primary MOS (PMOS) of 13A1Q and awarded him the
PMOS 13B4Q.

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in
Item 22 (Military Occupational Specialty), that the applicant was awarded
the PMOS 13B4Q on 14 December 1968.

5.  On 16 November 1969, the applicant was honorably separated after
completing a total of 1 year, 11 months and 11 days of active military
service.  The DD Form 214 he was issued at the time contains the entry
13B40 Field Artillery Crewman.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  The version of the regulation in effect at the time of the
applicant's separation contained the instructions for completing Item 23a
in Paragraph 52.  The instructions stated to enter the PMOS code number and
title.  It provided no specific instructions for entering ASIs.  The MOS
entry instructions contained in the current version of the regulation state
that for enlisted personnel the first 5 characters of the PMOS, which
includes the 3 characters of the MOS, the fourth character of skill and
grade level in the MOS, and the fifth character of a special qualification
identifier (SQI), if applicable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to properly enter his PMOS with the ASI he was
qualified in was carefully considered.  Given there were no specific
instructions regarding the entry of ASIs in the version of the regulation
in effect at the time, there does not appear to be an error in the current
MOS entry.  However, given the current version of the regulation provides
for entering SQI in the fourth character of the MOS code, it would appear
to serve the interest of equity to grant the requested relief.

2.  In view of the facts of this case, it would be appropriate to delete
the current entry in Item 23a of the applicant's DD Form 214 and to replace
it with the entry "11B4Q (Field Artillery Crewman-Redeye Gunner)" and to
provide the applicant a correction to his separation document that includes
this change.

BOARD VOTE:

__ENA __  __DLL __  __RMN__  GRANT FULL 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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
deleting the current entry in Item 23a of his 16 November 1969 DD Form 214
and by replacing it with the entry "13B4Q (Field Artillery Crewman-Redeye
Gunner)”; and by providing him a correction to his separation document that
includes this change.




                                  _____Eric N. Andersen ____
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070007587                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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