RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 November 2007
	DOCKET NUMBER:  AR20070008880 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry C. Bergquist

Member

Mr. Dale E. DeBruler

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 records to show that he was a truck driver for about a month and award of the Air Medal.

2.  The applicant states that:

	a.  He was a Radio Operator in the Republic of Vietnam but because he had a truck driver's license, he was a truck driver for about a month.

	b.  He and another assistant flew in and out between Dian and Tan An in the Republic of Vietnam for about 5 months to set up a permanent station at Tan An. 

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his DA Form 20 (Enlisted Qualification Record) 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 Board noted the applicant's request for award of the Air Medal.  However, the applicant has not exhausted the administrative remedy available to him under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence regarding submission of a recommendation for award of the Air Medal under the provision of law.  As a result, award of the Air Medal requested by the applicant is not discussed further in these Proceedings.



3.  The applicant's records show that he enlisted in the Regular Army on 15 April 1968 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator).  The highest rank the applicant attained during his military service was sergeant/pay grade E-5.  He was honorably discharged and transferred to the U.S. Army Reserve Control Group on 9 April 1971.

4.  The applicant's records show that he served in the Republic of Vietnam during the period 10 November 1968 through 15 June 1970.  He was assigned to B Troop, 3rd Squadron, 17th Cavalry.  He served as a Radio Operator during the period 14 November 1968 through 30 March 1969 and as a Light Truck Driver during the period 31 March 1969 through 11 June 1970. 

5.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 shows that the applicant performed duties of primary MOS (PMOS) 05C4O (Radio Teletype Operator) as of 13 February 1970.

6.  Item 27 (Military Education) of the applicant's DA Form 20 shows that the applicant underwent 10 weeks of formal training at the U.S. Army Training Center for MOS 05B (Radio Operator) in 1968.

7.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows that the applicant held MOS 05C (Radio Teletype Operator).

8.  The applicant's records do not show that the applicant attended formal training as a Light Truck Driver.  There are no general orders awarding the applicant a "Light Truck Driver" MOS.

9.  The applicant's records show that his duty MOS in the Republic of Vietnam during the period 31 March 1969 through 11 June 1970 was Light Truck Driver.

10.  Army Regulation 635-5 (Separation Documents) in effect at the time, prescribed the separation documents that will be furnished each individual who is separated from the Army and established standardized procedures for the preparation and distribution of these documents.  Section III of the version at the time prescribed instructions for the preparation of the Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).  Paragraph 52 (Items 23a and 23b) of the DD Form 214 provided that you enter the primary MOS code number and title.  If the specialty represented by the MOS has a related civilian occupation, enter in Item 23b the appropriate job title and code number from the dictionary of occupational titles.  If not applicable, enter "NA." 


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show his duty MOS as a Light Truck Driver.

2.  Evidence of record shows that the applicant was formally trained in and was awarded MOS 05C (Radio Teletype Operator).  This MOS was the applicant's primary MOS during his continuous active military service and is correctly shown on his DD Form 214.  Although the applicant performed duties of Light Truck Driver in the Republic of Vietnam, a duty MOS is not recorded on the DD Form 214.  Therefore, the applicant is not entitled to a relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __lcb___  __ded___  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.




						Margaret K. Patterson
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070008880
SUFFIX

RECON

DATE BOARDED
20071115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
100.0000
3.

4.

5.

6.