RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 February 2008
	DOCKET NUMBER:  AR20070014955 


	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:


Mr. John T. Meixell

Chairperson

Ms. Carmen Duncan

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 correction of Item 23a (Specialty Number and Title) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from 64B (Heavy Truck Driver) to 11B (Light Weapons Infantryman). 

2.  The applicant states, in effect, that he was trained and served as an 11B and is unsure why his specialty was changed. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 16 January 1970.

	b.  Headquarters, U.S. Army Training Center, Fort Bragg, North Carolina, Special Orders Number 78, dated 18 March 1968 (Reassignment Orders).

	c.  Headquarters and Headquarters Troop, 1st Squadron, 10th Cavalry, 4th Infantry Division, Special Orders Number 76, dated 16 October 1968, (Promotion to Specialist Four (SP4)/E-4 Orders).

	d.  Headquarters, 4th Infantry Division, Special Orders Number 66, dated 7 March 1969 (Promotion to Specialist Five (SP5)/E-5 Orders).

	e.  Headquarters, 4th Infantry Division, Special Orders Number 146, dated 26 May 1969 (Reassignment Orders).

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 of the United States on 18 January 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B.  The highest rank he attained during his military service was SP5.  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 16 January 1970.

3.  The applicant's record further show that he served in the Republic of Vietnam during the period 5 July 1968 through 17 June 1969.  He was assigned as follows:

	a.  Company A, 1st Battalion, 22nd Infantry, 4th Infantry Division, as a "Rifleman" in MOS 11B during the period 5 July 1968 through 23 August 1968; and

	b.  Headquarters and Headquarters Troop, 1st Squadron, 10th Cavalry, 4th Infantry Division as a "Light Vehicle Driver" in MOS 64A during the period
24 August 1968 to 17 June 1969.

4.  On 13 July 1968, the applicant was diagnosed with a probable duodenal ulcer and was found "medically unqualified for combat rations."  He was issued a permanent profile and his records were coded with "no combat rations and no strenuous activity."

5  Item 17 (Physical Status) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the he was issued a permanent physical profile on 13 July 1968 and his PULHES (the Army's Physical Profile Serial System used to qualify an enlistee's physical profile for each military skill) was coded with a "3" under "P" or "Physical capacity" portion of the PULHES.  This factor describes the Soldier's general physical capacity and normally includes conditions of the heart, respiratory system, nervous system, metabolic and nutritional diseases, diseases of the blood and blood forming tissues, and other organic defects and diseases that do not fall under other specific factors of the system.

6.  On 2 August 1968, by memorandum addressed to the Commanding General of the 4th Infantry Division, the 1st Battalion, 22nd Infantry Regiment's Adjutant recommended approval of the applicant's reclassification in accordance with Army Regulation 600-200 (Enlisted Personnel Management System) and concurrent reassignment to another unit within the 4th Infantry Division.  



7.  The applicant's records do not contain permanent orders awarding him MOS 64B (Heavy Vehicle Driver).  However, the applicant's records contain a DA Form 348 (Equipment Operator Record) that documents his official qualifications, background and experience, and performance record and test results. 

8.  Headquarters and Headquarters Troop, 1st Squadron, 10th Cavalry, 4th Infantry Division, Special Orders Number 76, dated 16 October 1968; and Headquarters, 4th Infantry Division, Special Orders Number 66, dated 7 March 1969, show the applicant was promoted to SP4/E-4 in MOS 64A and SP5/E5 in MOS 64B, respectively.

9.  Headquarters, 4th Infantry Division, Special Orders Number 146, dated 26 May 1969, show that upon completion of his tour of duty in the Republic of Vietnam, the applicant was reassigned to the 8th Transportation Company, Fort Meade, Maryland, as a 64B.

10.  Item 23 (Specialty Number and Title) of the applicant's DD Form 214 shows the entry "64B Heavy Vehicle Driver."

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The  purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specifies that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 23a contains the Soldier's MOS upon separation, obtained from his or her records.  For an enlisted Soldier, enter the first 5 characters of the primary MOS code 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.  Enter “O” when not applicable.

12.  Army Regulation 600-200 prescribed policies and procedures for career management of enlisted personnel, classification and reclassification of enlisted Soldiers in an MOS; utilization, reenlistment, testing, evaluation, and promotions. Chapter 2 of the regulation in effect at the time prescribed the policy and criteria regarding enlisted classification and reclassification.  Paragraph 2-30 stated, in pertinent part, that reclassification of MOS was mandatory by reclassification authority for medical/physical inability to perform required duties of an MOS or loss of qualification which made the Soldier incapable of satisfactorily performing 
his duties in the MOS.  It further adds, in pertinent part, that upon successful completion of schooling or on-the-job training in a new specialty, the Soldier's old MOS will be awarded as secondary provided the old MOS is not withdrawn.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant completed advanced individual training and was awarded MOS 11B.  However, the applicant was diagnosed with a medical condition that prevented him from performing the duties required of an 11B.  Accordingly, MOS 11B was withdrawn and the applicant was reclassified to another MOS.

2.  Evidence of record further shows that the applicant completed an "on the job" training as evidenced by his DA Form 248 that led to awarding him MOS 64B.  He was subsequently promoted, reassigned, and discharged in MOS 64B.  Therefore, MOS 64B was correctly entered in Item 23a of his DD Form 214.

3.  In view of the foregoing evidence, the applicant is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jtm___  __cd____  __rmn___  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.



							John T. Meixell
______________________
          CHAIRPERSON


INDEX

CASE ID
AR
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.