BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100021965
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, in effect, correction of item 23a (Specialty Number and Title) and item 25 (Education and Training Completed) of his DD Form 214 (Report of Transfer or Discharge) to show a secondary military occupational specialty (MOS) for completion of the Drill Corporal Course.
2. The applicant states:
* his secondary MOS for completion of the Drill Corporal Course was omitted from his DD Form 214
* he completed the Drill Corporal Course on 17 November 1967
3. The applicant provides:
* DA Forms 1049 (Personnel Action), dated 5 July 1967 and 11 October 1967
* travel orders, dated 14 October 1967
* Drill Corporal Course Diploma
* 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 was inducted into the Army of the United States on 23 August 1966. On 29 August 1966, he was honorably discharged to enlist in the Regular Army (RA). He enlisted in the RA on 30 August 1966 for a period of 3 years. His DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 63H (automobile repairman) on 3 March 1967 and he was awarded primary MOS 63C (senior vehicle repairman) on 6 December 1968. On 3 April 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 23a of his DD Form 214 shows the entry "63C3O MECH [mechanic]." Item 25 of his DD Form 214 shows he completed the 14-week Automobile Repairman Course in 1967.
4. Item 27 (Military Education) of his DA Form 20 shows he completed the
14-week Automobile Repairman Course in 1967.
5. He provided 1967 documentation which shows he requested to attend the Drill Corporal Course, his application for the service school was approved, and travel orders show he was authorized 30 days to attend the Drill Corporal Course at Fort Jackson, SC. He also provided a diploma, dated 17 November 1967, which shows he completed the Drill Corporal Course.
6. No evidence shows he was awarded any MOS following completion of the Drill Corporal Course.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation in effect at the time provided that the primary MOS code number and title would be entered in item 23a of the DD Form 214. The regulation stated that item 25 would list service schools, including major courses that were successfully completed and military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. His request to show a secondary MOS on his DD Form 214 was noted. However, notwithstanding the fact no evidence shows he was awarded any MOS for the Drill Corporal Course, there is no provision to show secondary MOSs on the DD Form 214. Only the primary MOS is shown on the DD Form 214.
2. Since the Drill Corporal Course is a service school, it would be appropriate to amend item 25 of his DD Form 214 to show he completed this course.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x_____ ____x____ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 adding to item 25 of his DD Form 214 the entry "Drill Corporal Course, 1967."
2. The Board further determined 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 of his DD Form 214.
____________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) AR20100021965
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