IN THE CASE OF:
BOARD DATE: 21 JULY 2009
DOCKET NUMBER: AR20090001867
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 Transfer or Discharge) to reflect his military occupational specialty (MOS) as 91B4S (Special Forces Medical Specialist) instead of 91B4O (Medical Specialist).
2. The applicant states that it was an oversight at the time of his discharge and he needs his record to reflect he was special forces qualified.
3. The applicant provides a DD Form 214, separation orders, temporary duty orders, and orders for award of the Specials Forces Tab in support of his 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 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 was inducted into the Army of the United States on 8 February 1968 and enlisted in the Regular Army on 15 February 1968. He completed basic combat training, advanced individual training, and airborne training. Upon completion of training he was awarded MOS 12A1P (Pioneer/Parachutist). He served in Thailand from 20 October 1969 to 19 October 1970 while assigned to the 46th Special Forces Company. He was honorably released from active duty on 19 October 1970.
3. Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning, Georgia, Special Orders Number 175, dated 19 July 1968, ordered the applicant's reassignment to Fort Bragg, North Carolina, to attend special forces training.
4. A Certificate of Training, dated 24 January 1969, issued by Headquarters, U.S. Army Medical Field Service School, Brooke Army Medical Center, Fort Sam Houston, Texas, shows the applicant completed the Special Forces Aidman (Airborne) Course.
5. Item 38 (Principal Duty) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served as a Special Forces Medical Specialist throughout his military career.
6. Item 23a (Specialty Number and Title) of his DD Form 214 shows the entry 91B4O.
7. U.S. Army John F. Kennedy Special Warfare Center and School, Fort Bragg, North Carolina, Permanent Orders Number 229-2, dated 17 August 2001, awarded the applicant the Special Forces Tab with an effective date of 5 September 1969. This award is not shown on the applicant's DD Form 214.
8. Department of the Army Pamphlet 611-21 (Personnel Selection and Classification, Military Occupational Classification and Structure) sets forth the procedures and policies for award of MOSs. The regulation notes that the MOS code includes the three characters of the MOS, the fourth character of a skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable. An "O" is entered when not applicable.
9. The MOS for special forces, career management field (CMF) 18, was not established until the 1980s. Prior to the establishment of CMF 18, special forces qualification was indicated by the special qualification identifier "S."
10. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed the Special Forces Aidman Course and served as a Special Forces Medical Specialist throughout his military career. Therefore, his DD Form 214 should be corrected to show his MOS as 91B4S.
2. Permanent orders awarded the applicant the Special Forces Tab with an effective date of 5 September 1969. Therefore, his DD Form 214 should be further corrected to show this award.
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 amending item 23a of his DD Form 214 to show his MOS as 91B4S and by further correcting his DD Form 214 to show he was awarded the Special Forces Tab.
__________XX_______________
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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