IN THE CASE OF:
BOARD DATE: 30 JULY 2009
DOCKET NUMBER: AR20090003802
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, correction of his DD Form 214 (Report of Transfer or Discharge) to show military occupational specialty (MOS) 11E (armor crewman), that he completed armor school, and that he qualified for tank weapons.
2. The applicant states, in effect, that MOS 11E, his tank school, and associated tank weapons are not shown on his DD Form 214. He contends that it was a clerical error and these items were removed from his DD Form 214 while he was in Vietnam. He also indicates that he was in Officer Candidate School (OCS) training at Fort Knox from October 1966 to January 1967 and that he received an Article 15 for being absent without leave and was not allowed to attend OCS. He claims that he was robbed and beaten in Louisville, Kentucky and was hospitalized with a broken jaw.
3. The applicant provides a copy of his DD Form 214 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 enlisted in the Regular Army on 24 August 1966 for a period of 3 years. His DA Form 20 (Enlisted Qualification Record) shows he attended advanced individual training (AIT) in military occupational specialty (MOS) 11E (armor crewman) at Fort Knox, Kentucky during the period November 1966 to 17 March 1967. His DA Form 20 also shows he attended AIT for MOS 73C (pay disbursing specialist) during the period 18 March 1967 to 25 April 1967. He was awarded MOS 73C on 19 June 1967. On 23 January 1969, the applicant was awarded MOS 16H (air defense artillery defense operations and intelligence assistant). On 22 August 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 23a (Specialty Number and Title) on the applicant's DD Form 214 shows MOS 16H. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows, among other awards, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar as authorized awards. Item 25 (Education and Training Completed) on his DD Form 214 shows he completed clerk training, the pay disbursing specialist course, and the Redeye Gunner's course.
4. There are no orders which show the applicant was awarded MOS 11E.
5. There is no evidence of record which shows the applicant completed armor school/training. Item 27 (Military Education) on his DA Form 20 shows he completed clerk training, the pay disbursing specialist course, and the Redeye Gunner's course.
6. Item 29 (Qualification in Arms) on the applicant's DA Form 20 shows he fired a familiarization course for "Tk Wpn" [tank weapon] on 19 January 1967. There
is no evidence in the applicants service personnel records which shows he qualified for any associated tank weapons (i.e., the M60 machine gun, the gun/launcher, or the machine gun).
DISCUSSION AND CONCLUSIONS:
1. In the absence of orders which show the applicant was awarded MOS 11E, the entry on the applicant's DA Form 20 which shows he attended AIT in MOS 11E from 14 November 1966 to 18 March 1967 (with no corroborating entry in item 27 of his DA Form 20 to show he completed this AIT) is insufficient as a basis for amending item 23a on his DD Form 214.
2. Although the applicant indicates that he completed tank school, there is no evidence of record, and the applicant has provided no evidence, to support this contention. Therefore, there is no basis for granting the applicant's request to amend his DD Form 214 to show he completed armor school/training.
3. Records show the applicant fired a familiarization course for a tank weapon. However, there is no evidence which shows he completed a weapon qualification course which resulted in award of any associated tank weapons. Therefore, there is no basis for granting his request to amend his DD Form 214 to show he qualified for any tank weapons.
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.
_______ _ _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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