IN THE CASE OF:
BOARD DATE: 17 September 2009
DOCKET NUMBER: AR20090006516
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 he was awarded "green leadership tabs" and that his military occupational specialty (MOS) be changed from 35L2H (Aviation Communications Equipment Repairman) to 35P4O (Aviation Electronic Team Leader).
2. The applicant states that his rank was changed from specialist five to sergeant, E-5 on 22 March 1970. He states he was awarded "green leadership tabs" and he made platoon sergeant at that time. He believes this was an error of omission by a clerk at headquarters.
3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record); his DD Form 214; and his DD Form 215 (Correction to 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 19 August 1968 for a period of two years.
3. Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA Special Orders Number 69, dated 28 March 1969, show the applicant was promoted to the temporary rank of specialist four and was awarded MOS 35L2O.
4. Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA Special Orders Number 106, dated 14 May 1969, show the applicant was awarded MOS 35L2H and his MOS of 35L2O was withdrawn at that time.
5. The applicant served in Vietnam from July 1969 to July 1970.
6. Item 38 (Record of Assignments) on his DA Form 20 shows he performed duties in duty MOS 35L2O as an aviation communications equipment repairman from 12 July 1969 to 27 February 1970. His DA Form 20 also shows he performed duties in duty MOS 35P4O from 28 February 1970 to 2 July 1970 as an Aviation Electronic Team Leader (E-6).
7. Item 33 (Appointments and Reductions) on his DD Form 20 shows he was promoted to the temporary rank of sergeant, E-5 on 22 March 1970.
8. Headquarters, 7th Armored Squadron, 1st Air Cavalry Special Orders Number 154, dated 17 June 1970, reassigned the applicant from Vietnam to Oakland, CA on 3 July 1970 for processing for separation. These orders show his MOS as 35L2H on the standard name line.
9. Headquarters, 7th Armored Squadron, 1st Air Cavalry Special Orders Number 154, dated 17 June 1970, released the applicant from active duty on 6 July 1970. These orders show his MOS as 35L2H on the standard name line.
10. Item 23a (Specialty Number and Title) on the applicant's DD Form 214 shows the entry "35L2H AVN ELEC RPMN."
11. Army Regulation 600-8-22 (Military Awards) does not list "green leadership tabs" as authorized awards.
12. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that 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. In pertinent part, it directs that the primary MOS code number and title will be entered in item 23a on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for correction of his records to show "green leadership tabs" is noted. However, the Military Awards regulation does not list "green leadership tabs" as authorized awards. Therefore, there is no basis for recording these tabs on the applicant's DD Form 214.
2. The evidence of record shows the applicant completed the required training and awarded MOS 35L2H in May 1969.
3. The applicants Enlisted Qualification Record shows he performed duties as an Aviation Electronic Team Leader (E-6) in duty MOS 35P4O for approximately four months.
4. Although the applicant requests that his MOS be changed from 35L2H to 35P4O in item 23a on his DD Form 214, the entry in item 23a on the DD Form 214 was meant to indicate what MOS he held at the time of his separation, not the MOS in which he performed duties. Therefore, there is insufficient evidence as a basis to correct his DD Form 214 to show he held MOS 35P4O as an Aviation Electronic Team Leader at the time of his separation.
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) AR20090006516
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