IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20080007007
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his military occupation specialty (MOS) be corrected.
2. The applicant states that while serving in Vietnam he was a tank driver not a truck driver.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Separation).
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 entered active duty on 24 April 1968, completed training, and was awarded the MOS 64A, light vehicle driver, on 2 August 1968.
3. The applicant served in Vietnam from 20 September 1968 through 12 September 1969.
4. On 10 January 1969 his MOS was changed to 64B, heavy vehicle driver.
5. His DA Form 20 (Enlisted Qualification Record) shows that he served in the following duty MOSs:
a. 64A, light vehicle driver, from 5 October 1968 through 30 December 1968;
b. 12A, radio telephone operator, from 31 December 1968 through 19 July 1969;
c. 11E, armored vehicle driver, from 20 July 1969 through 21 October 1969; and
d. 64B, heavy vehicle driver, from 22 October 1969 through the date of his separation, 23 April 1970.
6. Army Regulation 635-5 (Separation Documents), as then in effect, stated that the entry at block 23a (Specialty Number and Title) would be the last officially awarded MOS.
7. Department of the Army Pamphlet 61121 (Military Occupational Classification and Structure) lists the MOS for tank operators (driver) as 63B.
DISCUSSION AND CONCLUSIONS:
1. The applicant was initially trained and awarded the official MOS of 64A, light vehicle driver, and then a 64B heavy vehicle driver. His record does indicate that he also served in the duty MOS of 12A as an armored vehicle driver but the record is silent as to what type of vehicle he drove.
2. The record does not show and the applicant has not provided any documentation to support a finding that he was officially awarded an MOS that would correspond to a designation of tank driver.
3. Additionally, the regulations in effect at the time of the applicant's separation provides that only the last official MOS was listed on the DD Form 214.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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.
_ _______ X______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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