IN THE CASE OF:
BOARD DATE: 14 December 2010
DOCKET NUMBER: AR20100015656
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 amend the following:
* item 21 (Home of Record at Time of Entry into Active Service) from "Westmoreland" to "Washington" county
* item 23a (Specialty Number and Title) from "81B2O" to "91B2O"
2. He states the wrong county and military occupational specialty (MOS) were entered on his DD Form 214.
3. He provides a copy of his DD Form 214 in support of his request.
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. A copy of the applicant's DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 3 July 1968 at the Armed Forces Examining and Entrance Station, Pittsburgh, PA. Item 3 (Home of Record) shows the entry "Donora, Washington, PA."
3. After completion of basic combat and advanced individual training, he was awarded MOS 91A (Medical Corpsman). He served tours of duty at the U.S. Army Hospital, U.S. Military Academy, West Point, NY, and with the 24th Engineer Battalion in Germany.
4. Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 91B (Medical Specialist) on 10 July 1969.
5. His records contain a copy of Special Orders Number 95, Headquarters, 4th Armored Division, dated 5 April 1970, which show his reassignment to the U.S. Army Transfer Station, Fort Dix, NY, in MOS 91B2O. His HOR is listed as Donora, PA.
6. A brief history obtained from the Wikipedia website shows that Donora is a borough in Washington County, Pennsylvania. It is located 20 miles south of Pittsburgh on the Monongahela River.
7. 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 of the DD Form 214. It also states an HOR is the place recorded as the HOR of the Soldier when commissioned, appointed, enlisted, or ordered to a tour of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show that upon induction into the Army on 3 July 1968 his HOR was listed as "Donora, Washington, PA," and on 10 July 1969 he was awarded MOS 91B2O.
2. It is reasonable to presume an administrative error occurred during the time his DD Form 214 was prepared. As a result, the following items should be amended:
* item 21 by deleting "Westmoreland" and replacing it with "Washington"
* item 23a by deleting "81B2O" and replacing it with "91B2O"
BOARD VOTE:
___X____ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 to read:
* item 21 by deleting "Westmoreland" and replacing it with "Washington"
* item 23a by deleting "81B2O" and replacing it with "91B2O"
_______ _ 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) AR20100015656
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ABCMR Record of Proceedings (cont) AR20100015656
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