IN THE CASE OF:
BOARD DATE: 15 SEPTEMBER 2009
DOCKET NUMBER: AR20090006354
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 his military occupational specialty (MOS) as 71N2O (Transportation Movements Control Specialist).
2. The applicant states, in effect, that his MOS was 71N2O not 71B2O (Clerk Typist). He continues that his original DD Form 214 was in very poor condition and when he received a replacement copy he realized the typographic error in his MOS. The applicant concludes that he worked in the Air Force Military Airlift Command Vietnam in the Republic of Vietnam as an Air Transportation Specialist not as a Company Clerk.
3. The applicant provides a copy of his discharge orders as documentary evidence 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 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 28 February 1969. He comple-ted basic combat training and advanced individual training. At the time of separation the applicant held the rank of specialist five (SP5)/pay grade E-5.
On 15 September 1971, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) with an honorable characterization of service.
3. Headquarters, United States Army Transportation School, Fort Eustis, Virginia, Special Orders 109, dated 3 June 1969, awarded the applicant primary MOS 71N2O, effective 11 June 1969.
4. Headquarters, 507th Transportation Group (Movement Control) Special Orders 324, dated 18 December 1969, promoted the applicant from the rank of private first class (PFC)/pay grade E-3 to specialist four (SP4)/pay grade E-4. This order also shows the applicant's primary MOS as 71N2O.
5. Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant's primary MOS as 71N2O. Item 27 (Military Education) shows the applicant completed the five-week Transportation Movements Control course and he was awarded MOS 71N2O in 1969. The DA Form 20 does not show the applicant was ever trained in MOS 71B2O. Item 38 (Record of Assignments) shows the applicant performed the duties of MOS 71N2O for all but t3 months of his active duty tenure.
6. Item 23a (Specialty Number and Title) of the applicant's DD Form 214 indicates that his primary MOS was "71B2O Clerk Typist."
7. The applicant provides Department of the Army, Office of the Adjutant General, United States Army Reserve Components Personnel and Administra-tion Center, St. Louis, Missouri, Letter Orders Number 01-1038149, dated 22 January 1975, which show the applicant was discharged from the United States Army Reserve Control Group (Standby) effective 1 February 1975 and his MOS is shown as 71N2O.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army. Specifically, it stated that the separating Soldier's primary specialty number and title would be entered in Item 23a of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to show his correct MOS as 71N2O was carefully considered and determined to have merit.
2. Special Orders awarded the applicant MOS 71N2O.
3. The preponderance of the evidence of record shows the applicant's MOS was 71N2O, not 71B2O. Therefore, his DD Form 214 should be corrected to reflect this fact.
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 the applicant's DD Form 214 be corrected by deleting the current entry in item 23a and adding the entry "71N2O Movements 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.
ABCMR Record of Proceedings (cont) AR20090006354
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ABCMR Record of Proceedings (cont) AR20090006354
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