IN THE CASE OF:	  

		BOARD DATE:	        04 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080009465 


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, in effect, that his military records be corrected to show that his primary military occupational specialty (MOS) at the time of his release from active duty was 427.10 (Aircraft Armament Repairman).

2.  The applicant essentially states that once he returned from Vietnam, he was sent to Fort Hood, Texas with an MOS of 45G (Turret Artillery Repairman), but that this was not his primary MOS.  He also states, in effect, that he was sent to Aberdeen Proving Ground, Maryland, for advanced individual training (AIT) in MOS 427.10, and that once finished, he was sent to Fort Benning, Georgia, where he put armor systems on UH-1 "Huey" helicopters.  He further states that he then traveled to Vietnam by ship on the USS Patch for 30 days, and once in Vietnam, he removed armored systems from UH-1 helicopters and placed M60 machineguns on them, then was placed on a UH-1 helicopter as a door gunner. He continues by essentially stating that he filed a claim for post-traumatic stress disorder (PTSD) in 2003 and was told that he was not in Vietnam and did not serve as an aircraft armament repairman.  He also states that he served for 1 year as a door gunner in Vietnam and not as a turret artillery repairman, and that his DA Form 20 (Enlisted Qualification Record) and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that he enclosed with his application are in error, and specifically item 23a (Specialty Number and Title) of his DD Form 214.

3.  The applicant provides his DD Form 214 and DA Form 20 in support of this 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 military records show that he enlisted in the Regular Army on 15 June 1964.  His military records also show that he enlisted for training in MOS 427.10.  He completed basic training and AIT and was awarded MOS 427.10.  He was then reassigned to Fort Benning, Georgia, and was assigned to Company A, 227th Assault Helicopter Battalion, 11th Air Assault Division, in January 1965.  In July 1965, orders reassigned the applicant to the 11th General Service Aviation Company.  These orders also essentially show that the applicant's primary MOS of 427.10 was converted into primary MOS 45J2O with the same title.  The applicant's unit made a permanent change of station to the Republic of Vietnam on 16 August 1965.

3.  Orders, dated 22 October 1965, awarded the applicant primary MOS 45G2O and withdrew his primary MOS of 45J2O.

4.  The applicant returned to the continental United States on 15 August 1966 and was reassigned to Fort Hood, Texas, where he served in MOS 45G until he was honorably released from active duty on 14 June 1967.

5.  Item 23a of the applicant's DD Form 214 has an entry of "45G2O Turret [Artillery Repairman]."

6.  The applicant essentially stated that once he returned from Vietnam, he was sent to Fort Hood, Texas, with an MOS of 45G, but that this was not his primary MOS.  He also stated, in effect, that he was sent to Aberdeen Proving Ground, Maryland for AIT in MOS 427.10, and that once finished, he was sent to Fort Benning, Georgia, where he put armor systems on UH-1 "Huey" helicopters.  He further stated that he then traveled to Vietnam by ship on the USS Patch for 30 days; once in Vietnam, he removed armored systems from UH-1 helicopters and placed M60 machineguns on them, then was placed on a UH-1 helicopter as a door gunner.  He continued by essentially stating that he filed a claim for PTSD in 2003 and was told that he was not in Vietnam and did not serve as an aircraft armament repairman.  He also stated that he served for 1 year as a door gunner in Vietnam and not as a turret artillery repairman, that his DA Form 20 and DD Form 214 that he enclosed with his applicant are in error, and specifically item 23a of his DD Form 214.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the preparation of the DD Form 214.  For item 23a, it states that the primary MOS code number and title will be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that his primary MOS at the time of his release from active duty was 427.10.

2.  While it is unclear why anyone would have told the applicant that he was not in Vietnam and that he did not serve as an aircraft armament repairman, the evidence of record clearly shows that the applicant enlisted for and received training in MOS 427.10, which was subsequently converted into MOS 45J, and that he served as an aircraft armament repairman.  The evidence of record also clearly shows that he served in Vietnam.

3.  However, the applicant's primary MOS of 427.10, which was converted into MOS 45J, was withdrawn by orders, dated 22 October 1965, and he was awarded primary MOS 45G which was his primary MOS at the time of his release from active duty.  As a result, the primary MOS shown in item 23a of his DD Form 214 is correct.  In view of the foregoing, there is no basis for correcting his military records to show that his primary MOS at the time of his release from active duty was 427.10.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___        XXX                ___
                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.
ABCMR Record of Proceedings (cont)                                         AR20080009465



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ABCMR Record of Proceedings (cont)                                         AR20080009465



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