IN THE CASE OF:
BOARD DATE: 7 April 2011
DOCKET NUMBER: AR20100022726
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 the entry in item 23b (Related Civilian Occupation and Dictionary of Occupational Titles (D.O.T.) Number of his DD Form 214 (Report of Transfer or Discharge) be changed to show construction engineer.
2. The applicant states, in effect, that he served as a combat engineer and a demolitions specialist and request his record be changed to show he was a construction engineer.
3. The applicant submits copies of his DD Form 214, and orders for his Soldier's Medal.
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 24 May 1968. He completed training and was awarded MOS 12A (Pioneer).
3. His DA Form 20 shows he was assigned to the 1st Engineer Battalion, 1st Infantry Division as a pioneer in duty MOS 12A10) in Vietnam from 17 October 1968 to 12 February 1969 when he was reassigned as a patient to the Medical Holding Company, Valley Forge General Hospital in Pennsylvania.
4. On 27 March 1969 he was awarded the Soldier's Medal for his heroic actions on 30 January 1969. The award citation reads that on that date he was serving as a demolitions specialist and was crossing a minefield to extract a pilot who had ejected from a plane. He was seriously wounded when a mine detonated.
5. His DD Form 214 shows he was retired due to physical disability effective
24 November 1969. He had completed 1 year, 6 months, and 1 day of total active service. Item 23b (Related Civilian Occupation and Dictionary of Occupational Titles (D.O.T.) Number) shows Woodchopper 940.884.
14. Army Regulation 635-5 (Personnel Separations - 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. It prescribed that if the specialty represented by the Soldier's MOS had a related civilian occupation enter in item 23b the appropriate job title and code number from the Dictionary of Occupational Titles. If not applicable, enter "NA". It states for item 23a (Specialty Number and Title), enter the primary MOS code number and title. The related civilian occupation was taken from the Dictionary of Occupational Titles. MOS 12A, which related to field construction manual labor was selected as most closely equating to Woodchopper Code 940.884.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded MOS 12A (Pioneer) upon completion of his training and, according to his DA Form 20, he performed duty in that MOS during his assignment in Vietnam.
2. Although on the date he was injured the Soldier's Medal citation shows he was serving as a demolitions specialist, in his MOS.
3. There were several related civilian occupations listed in AR 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) in effect at the time. Construction Engineer was not listed, but Blaster (Construction) was and should have been selected as it more closely related to the applicant's experiences.
4. Therefore, recommend item 23b of his DD Form 214 corrected to show Blaster (Construction) Code 859.281.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ _X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 deleting from item 23b of his DD Form 214 the entry Woodchopper 940.884" and replacing it with the entry "Blaster (Construction) 859.281".
_______ _ 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) AR20100022726
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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