BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100021796 


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 her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show her primary military occupational specialty (PMOS) was 640.00 [sic] (Post Dispatcher) instead of 711.10 (Clerk Typist).

2.  She states, in effect, that her DD Form 214 incorrectly shows her PMOS as 711.10 instead of 640.00 is keeping her from attaining service-connection for a disability from the Department of Veterans Affairs.

3.  She provides:

* her DD Form 214
* a Waiver of Specific Schooling statement

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's record shows she enlisted in the Women's Army Corps (WAC) of the Regular Army (RA) on March 1965.  The highest rank/grade she attained while serving on active duty was private first class (PFC)/E-3.

3.  Her record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 9 March 1964.  Item 13 (Initial Assignment) shows her initial assignment was to Army Career Group 71, Administration.

4.  As part of the enlistment process, the applicant completed a 3AA Form 291 (Statement of Understanding Regarding Assignment, Housing, and Oversea Transportation for Dependents), dated 9 March 1964.  Part II of this form shows to further emphasize the importance of understanding the promises made to her, she certified that she had listed below in her handwriting all promises both oral and written that had been made to her in connection with her enlistment in the RA.  The space below contains the handwritten entry "Career Group 71, Administration."

5.  Her record contains (and she also provides) a Waiver of Specific Schooling statement, dated 27 March 1964, which shows she voluntarily waived her enlistment commitment to ACGP 71, Administration, in order to attend on the job training (OJT) for MOS 640.00 which was approved by the Department of the Army.  She stated she realized and fully understood that if she failed to meet any future qualifications for the alternate selections such as physical requirements, obtaining a security clearance or maintaining satisfactory academic standards for school courses, she would be reassigned in accordance with the needs of the service without any further choice of assignment.

6.  Her record contains a DA Form 20 (Enlisted Qualification Record) which shows the following pertinent information:

* Item 6 (MOS Code) her PMOS was 711.10 and her duty MOS (DMOS) was 640.00
* Item 26 (Military Education) contains no entry
* Item 32 (Classification in MOSs) show:

* Light Vehicle Driver, 640.00, 6 August 1964
* (Primary) Clerk Typist, 711.10, 15 February 1965

* Item 33 (Record of Assignments) 21 May 1964, Light Vehicle Driver, 640.00, WAC Detachment, U.S. Army Garrison, White Sands Missile Range, NM, 10 weeks

7.  Headquarters, U.S. Army Air Defense Center, Fort Bliss, TX, Letter Orders 
3-18, dated 3 March 1965, show she was honorably discharged due to pregnancy on 5 March 1965.  The standard name line of these orders shows her PMOS as 711.10 at the time of separation.

8.  Item 25a (Specialty Number and Title) of the applicant's DD Form 214 shows her PMOS as 711.10 and her title as Clerk Typist.  This form is void of any indication that she completed any training in MOS 640.00.

9.  A thorough review of the applicant's record failed to reveal any evidence that shows her PMOS was ever designated as 640.00.  

10.  Army Regulation 611-201 (Enlisted Personnel - MOSs), in effect at the time, shows the correct title for MOS 640 was Light Vehicle Driver and the correct title for MOS 711 was Clerk Typist.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  Section II provided for completion of the DD Form 214.  When completing item 25a, the preparer was required to enter the MOS code and title as shown on the separating Soldier's DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DD Form 214 should be corrected to show her PMOS was 640.00 at the time of her separation was carefully considered and determined to lack merit.

2.  The available evidence shows that she enlisted in the RA for Army Career Group 71, Administration.  

3.  Although she signed a waiver to attend OJT for and served in DMOS 640.00; her record is void of any evidence and she did not provide any evidence showing she was awarded it as a PMOS at any time prior to separation.  Therefore, Item 25a of her DD Form 214 was properly constituted at the time of separation and requires no correction.



4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of her service.  

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)                                         AR20100021796



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ABCMR Record of Proceedings (cont)                                         AR20100021796



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