IN THE CASE OF:
BOARD DATE: 19 MAY 2009
DOCKET NUMBER: AR20090000481
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 correction of his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) to show the title of his specialty as a Cannon Fire Direction Specialist instead of a Draftsman Map Intelligence Specialist.
2. The applicant states that his research revealed that the correct title for military occupational specialty (MOS) 13E is Cannon Fire Direction Specialist.
3. The applicant provides a copy of his DD Form 214, dated 15 August 1968, and a copy of a computer printout, dated 10 January 2009, in support of his request.
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's records show he was inducted into the Army of the United States on 21 October 1966. He completed basic combat and advanced individual training and was awarded MOS 13E (Cannon Fire Direction Specialist).
3. Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was trained in MOS 13E and shows the title of this MOS as Field Artillery Operations and Intelligence Assistant.
4. The applicant's records also show he was initially assigned to Fort Sill, OK, as a Field Artillery Operations and Intelligence Assistant Instructor in MOS 13E. He was reassigned to the U.S. Army Pacific Command (USARPAC) on 22 July 1967 and subsequently served in the Republic of Vietnam from on or about 19 August 1967 to on or about 18 August 1968 as an Assistant Gunner in MOS 13B (Cannon Crewmember) and MOS 13E.
5. The applicant's records further show he was honorably separated in the rank/grade of specialist five (SP5)/E-5 and transferred to the U.S. Army Reserve Control Group (Annual Training) on 15 August 1968. He completed 1 year, 9 months, and 23 days of creditable active military service. Item 23a (Specialty Number and Title) of this form shows the entry "13E2O Draftsman Map Intelligence Specialist."
6. Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, lists the career management fields (CMFs). CMF 13 (Field Artillery) contains several MOSs used in Field Artillery cannon, missile, or target acquisition units and in fire support elements to support maneuver units. The regulation lists the title for MOS 13E as Cannon Fire Direction Specialist. Furthermore, CMF 51 (General Engineering) contained MOS 81B (Technical Drafting Specialist).
7. 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 of the DD Form 214 in effect at the time contained 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the title of his primary specialty on his DD Form 214 should be corrected to show the correct title.
2. The evidence of record shows that the applicant was trained in and awarded MOS 13E. The correct title for this MOS is "Cannon Fire Direction Specialist." There is no indication that he was trained in any other MOS. It appears that he may have worked with military maps during his service in Vietnam, but he was neither trained as a technical draftsman nor held the MOS for this specialty. Therefore, his DD Form 214 should be corrected to show the correct title of his MOS.
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "13E2O Draftsman Map Intelligence Specialist" from item 23a of the applicant's DD Form 214 and adding the entry "13E2O Cannon Fire Direction Specialist."
_______ _ 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.
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