IN THE CASE OF:
BOARD DATE: 5 January 2010
DOCKET NUMBER: AR20090012418
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that he served in the Corps of Engineers (EN) branch.
2. The applicant states, in effect, that his DD Form 214 incorrectly reflects that he served in the Quartermaster Corps (QMC) branch instead of the EN branch. He goes on to state that he graduated from advanced individual training (AIT) and the Engineer Noncommissioned Officer School at Fort Leonard Wood, Missouri.
3. The applicant provides a copy of 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 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 enlisted in the Regular Army on 1 July 1968 for a period of 3 years and training in the construction utilities career management field. He completed his basic training at Fort Knox, Kentucky, and was transferred to the 4th Engineer AIT Brigade at Fort Leonard Wood, Missouri, to undergo his AIT as a carpenter in military occupational specialty (MOS) 51B1O. He completed his AIT and remained at Fort Leonard Wood to attend increased skills development training. He was promoted to the pay grade of E-5 on 3 May 1969.
3. He was transferred to Vietnam on 31 July 1969 where he served until 30 July 1970 when he was transferred to Fort Carson, Colorado. He was again transferred to Vietnam on 10 January 1971 where he served until 14 August 1971 when he was transferred to Fort Lewis, Washington.
4. On 16 August 1971, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD shows his branch as "QMC" in block 4 (Department, Component, and Branch or Class).
5. Army Regulation 611-201 (Military Occupational Specialties), in effect at the time, indicated that career management field (CMF) 51 (General Engineering) was comprised of 21 MOSs predominately used in engineer units. MOS 51B was one of the specialties listed in that CMF.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 incorrectly reflects that he served in the QMC branch instead of the EN branch has been noted and found to have merit.
2. The applicant served his entire enlistment in an EN branch MOS and there is no evidence in the available records to show that he ever served in a QMC unit or MOS.
3. Accordingly, it must be presumed that the entry showing that he served in the QMC was simply an administrative oversight and should be corrected at this time to show that he served in the EN branch.
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 all Department of the Army records of the individual concerned be corrected by showing in block 4 of his DD Form 214 that he served in the EN branch instead of the QMC as currently reflected.
___________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) AR20090012418
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ABCMR Record of Proceedings (cont) AR20090012418
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