IN THE CASE OF:
BOARD DATE: 12 January 2011
DOCKET NUMBER: AR20100017302
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) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states, in effect, during his service in the Army, his military occupational specialty (MOS) was 63B (Light-Wheel Vehicle Mechanic) and he never held MOS 36C (Lineman).
3. He provided the following documentation in support of his request:
* A copy of his DD Form 4 (Enlistment Record Armed Forces of the United States)
* A copy of pages 1 and 3 of his DA Form 20 (Enlisted Qualification Record)
* A copy of his DD Form 214
* A personal reference letter
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. His DD Form 4 shows he enlisted in the Army on 23 August 1966 for a period of 3 years. This form also indicates he enlisted for Army Career Group (ACGP) 63 Automotive Maintenance. Upon completion of basic combat and advanced individual training, he was awarded MOS 63A (Mechanical Maintenance Helper) in December 1966.
3. Item 22 (Military Occupational Specialties) of his DA Form 20 shows the entries "Primary MOS (PMOS) 63B2O, Light-Wheel Vehicle Mechanic, effective
16 December 1966." This entry was lined through. There is a second entry which shows PMOS 36C2O, Lineman, effective 16 February 1968.
4. Item 38 (Record of Assignments) of his DA Form 20 shows he performed duties in MOS 36C2O as a Wireman and in MOS 63B2O as a Wheeled Vehicle Repairman with the 440th Signal Battalion in Germany from November 1967 to November 1968. In January 1969, he was assigned to the 523rd Signal Battalion in Vietnam with duty in MOS 36C30 Lineman.
5. His military records include a copy of Special Orders Number 25, Headquarters, 440th Signal Battalion, dated 16 February 1968 which award him PMOS 36C2O and withdraw PMOS 63B2O. His DA Form 20 shows he was promoted to specialist four (SP4) effective 16 February 1968.
6. Item 23a of his DD Form 214 shows the entry "36C2O, Lineman. He was released from active duty (REFRAD) on 13 August 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve service obligation.
7. He provided a personal reference letter from a former service member (FSM) he served with in Germany. The FSM states, during the year he was stationed with the applicant in Germany and Fort Hood, TX, he knew the applicants MOS to be 63B2O.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release
from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation stipulates a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The source documents used for preparation of the DD Form 214 at the time of the applicants separation included the DA Form 20, separation orders, and any applicable orders or documents on file in the MPRJ, or Official Military Personnel File (OMPF).
9. Army Regulation 635-5, in effect at the time, also provided that the PMOS and title would be entered in item 23a.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding his contentions and the documentation he submits along with his request, the evidence of record does not support removing the entry 36C2O (Lineman) from item 23a of his DD Form 214.
2. It appears he was promoted to the rank of SP4 in 36C and at that time he would have been required to be awarded 36C as his PMOS. This was his PMOS until his REFRAD on 13 August 1969, which is approximately 19 months. Regulatory guidance in effect at the time stated to enter the PMOS on the DD Form 214. Therefore, his DD Form 214 correctly reflects MOS 36C.
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) AR20100017302
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