RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 April 2008
DOCKET NUMBER: AR20070016760
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. David K. Haasenritter
Member
Mr. Edward E. Montgomery
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 military occupational Specialty (MOS) as either 76Y3O (Armorer) or as 13A1O (Ammunition Handler).
2. The applicant states his DD Form 214 should be corrected to reflect the truth.
3. The applicant provides copies of his DD Form 214 and page 3 of his Enlisted Qualification Record (DA Form 20) showing item 38 (Assignments).
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. On 2 May 1968, the applicant was inducted into the Army of the United States for 2 years.
3. On 19 July 1968, the applicant was awarded a primary MOS of 76Y2O (Supply Clerk).
4. On 21 December 1968, the applicant was assigned in a duty MOS of 76Y3O as an armorer with the 1st Battalion, 321st Artillery Regiment, in the Republic of Vietnam.
5. On 31 August 1969, the applicant was reassigned within his unit for duty in MOS 13A1O as an ammunition handler.
6. On 3 December 1969, the applicant returned to the United States and was subsequently released from active duty on 6 December 1969. He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 7 months, and 5 days of creditable active service.
7. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided, in pertinent part, that Item 23a (Specialty Number and Title) of the DD Form 214 would show the Soldiers primary MOS number and title.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was awarded a primary MOS of 76Y2O and that this MOS was recorded in Item 23a of his
DD Form 214.
2. Item 38 (Assignments) of the applicants DD Form 20, clearly shows that he was utilized in duty MOS 76Y3O as an armorer and in duty MOS 13A1O as an ammunition handler. However, there is no evidence showing that was ever awarded either of these duty MOSs as a primary MOS.
3. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ LDS __ __DKH__ __EEM__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___ Linda D. Simmons ___
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.
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