IN THE CASE OF:
BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090008438
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) for the period ending 25 March 1971 to show military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).
2. The applicant states , in effect, that MOS 44E (Machinist) on his DD Form 214 should be replaced with MOS 67N.
3. The applicant provides his DD Form 214.
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 18 August 1969. He successfully completed basic training and advanced individual training and was awarded MOS 67N.
3. Item 22 (Military Occupational Specialties) of the applicant's DA Form
20 (Enlisted Qualification Record) shows the applicant was awarded primary MOS 44E (Machinist) and secondary MOS 67N effective 16 March 1971.
4. On 25 March 1971, the applicant was honorably released from active duty. His DD Form 214 for the ending period 25 March 1971 shows that he was promoted to the rank and grade of specialist five (SP5)/E-5 effective 16 March 1971. Item 23a (Specialty Number and Title) shows the entry "44E20 Machinist. There is no evidence in his records that show MOS 44E was withdrawn prior to his discharge.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized preparation of the DD Form 214. For item 22a it stated, enter primary MOS code number and title.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant was awarded MOS 67N and that he served in MOS 67N for majority of his military service. However, his DA Form
20 shows he was awarded primary MOS 44E and secondary MOS 67N effective
16 March 1971 and his DD Form 214 shows his date of rank to SP5 as 16 March 1971. It appears that the applicant was promoted to the grade of E-5 in MOS 44E prior to his separation from the military. That promotion would have required him to be awarded primary MOS 44E. Army Regulation 635-5, in effect, at the time specifically stated to enter primary MOS in item 23a of the DD Form 214. Therefore, MOS 44E is correctly entered on the applicant's DD Form 214 with no previsions for adding a secondary MOS.
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) AR20090008438
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ABCMR Record of Proceedings (cont) AR20090008438
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