IN THE CASE OF:
BOARD DATE: 28 January 2010
DOCKET NUMBER: AR20090013330
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 item 23a (Specialty Number and Title) on his DD Form 214 (Report of Transfer or Discharge) to show his primary military occupational specialty (PMOS) as 11B2O (light weapons infantryman)
2. The applicant states, in effect, that he would like to have his DD Form 214 reflect MOS 11B2O to show he had an infantry MOS.
3. The applicant provides a copy of his DD Form 214 and DA Form 20 (Enlisted Qualification Record) 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 (RA) on 19 February 1965 for a period of 3 years and training in the motor transport career management field. He completed advanced individual training (AIT) in MOS 11B and it appears he subsequently completed on-the-job training for MOS 63H2O (automotive repairman).
3. The applicant's DA Form 20 shows he was awarded PMOS 11B2O on 8 April 1966. His DA Form 20 also shows he was awarded PMOS 63H2O (automotive repairman) on 6 March 1968 and PMOS 11B2O is lined through (apparently PMOS 11B2O was withdrawn).
4. On 18 November 1968, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.
5. Item 23a of the applicant's DD Form 214 shows the entry "64 H 20 Auto Repairman."
6. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that the PMOS code number and title would be entered in item 23a on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant enlisted for training in the motor transport career management field, evidence of record shows he completed AIT in MOS 11B and he was awarded PMOS 11B2O on 8 April 1966. Records also show he was awarded PMOS 63H2O on 6 March 1968. Since the governing regulation states that the PMOS code number and title would be entered in item 23a, there is no basis for granting the applicant's requested relief.
2. However, item 23a on the applicant's DD Form 214 incorrectly shows the entry "64 H 20 Auto Repairman." It would be appropriate to correct this entry to show "63H20 Auto Repairman."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 23a of his DD Form 214 the entry "64 H 2O Auto Repairman" and replacing it with the entry "63H2O Auto Repairman.".
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 23a on his DD Form 214 to show his primary MOS as "11B2O."
____________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) AR20090013330
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ABCMR Record of Proceedings (cont) AR20090013330
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