IN THE CASE OF:
BOARD DATE: 9 July 2009
DOCKET NUMBER: AR20090004222
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 show military occupational specialty (MOS) 11B1O (light weapons infantryman) instead of 71B2O (clerk typist).
2. The applicant states this item is incorrect due to a clerical error.
3. The applicant provides his DD Form 214; an appointment/promotion order, dated 14 April 1970; and an appointment/promotion order, dated 11 September 1970, 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 he enlisted in the Regular Army on 25 June 1969. He completed basic combat and advanced individual training and was awarded the MOS 11B (light weapons infantryman). The highest rank he attained while serving on active duty was specialist/pay grade E-4.
3. Headquarters, U.S. Army Medical Department Activity Special Orders Number 176 Extract, dated 11 September 1970, awarded the applicant the primary MOS 71B2O and withdrew primary MOS 11B1O effective 11 September 1970.
4. The applicant's DD Form 214 shows that he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) on 24 June 1971 after completing 2 years of active military service.
5. 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation in effect at the time stated that block 23a would contain the primary MOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The evidence of record shows the applicant was initially trained in and was awarded MOS 11B as his primary MOS. However, MOS 11B was later withdrawn and he was awarded the primary MOS 71B. Therefore, at the time his DD Form 214 was completed, it correctly showed his primary MOS code number and title as 71B clerk typist.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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.
ABCMR Record of Proceedings (cont) AR20090004222
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ABCMR Record of Proceedings (cont) AR20090004222
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