IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100023627 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and all associated records and documents be corrected by changing his military occupational specialty (MOS) from 71F (Postal Clerk) to 13A (Field Artillery Basic).  

2.  The applicant states he was trained in and performed the majority of his military service in MOS 13A.  He claims it is unjust for his 13A service not to be documented on his DD Form 214.  

3.  The applicant provides a self-authored statement and a copy of his DA Form 20 (Enlisted Qualification Record) in support of his application. 

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 he was inducted into the Army of the United States on 26 November 1969.  His DA Form 20 shows he completed advanced individual training (AIT) in MOS 13A at Fort Sill, Oklahoma and was awarded primary MOS (PMOS) 13A on 10 April 1970.  It further shows that on                   11 February 1971 he was reclassified into PMOS MOS 71F and that MOS 13A was designated as his secondary MOS (SMOS).  

3.  The DA Form 20 shows the applicant served in the Republic of Vietnam (RVN) from 1 May 1970 through 30 June 1971.   Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the following companies of the 3rd Battalion, 82nd Artillery for the periods indicated performing the principal duties of the MOS in the positions identified:

* Company C, 15-17 May 1970, MOS 13A (Cannoneer)
* Headquarters and Headquarters Company (HHC), 18 May 
1970-18 March 1971, MOS 13A (Field Artillery Basic)
* B Battery, 19 March-25 July 1971, MOS 13A (Field Artillery Basic)

4.  Item 38 of the applicant’s DA Form 20 contains no principal duty entry indicating service in MOS 71F.  

5.  The applicant's DA Form 201 (Military Personnel Records Jacket (MPRJ)) contains promotion orders issued by Headquarters, 23rd Infantry Division (Americal), dated 1 March 1971, that awarded the applicant PMOS 71F and SMOS 13A in conjunction with his promotion to specialist four (SP4)/E-4) on 
11 February 1971.  It also contains separation orders issued by the United States Army Personnel Center, Fort Lewis, Washington on 30 June 1971 that lists his MOS as 71F in the standard name line.  

6.  On 30 June 1971, the applicant was honorably released from active duty (REFRAD) in the rank of SP4/E-4 after completing 1 year, 7 months, and 5 days of active military service.  The DD Form 214 he was issued at the time shows he held MOS 71F on the date of separation.  

7.  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 in effect at the time provided for entering only the PMOS held on the date of separation.  

8.  The current version of Army Regulation 635-5 in part provides for entering the primary MOS code and title held on the date of separation and titles and MOS codes of all MOSs served in for at least 1 year.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the MOS code listed in his record should be changed from MOS 71F to MOS 13A has been carefully considered and found to have partial merit.  Although his record and DD Form 214 accurately reflect he held PMOS 71F on the date of separation, it appears equity consideration provides a basis for relief in this case.  

2.  Under the regulatory guidance in effect at the time of the applicant's separation, only the MOS code for the MOS held on the date of separation was entered on the DD Form 214.  

3.  The evidence of record confirms the applicant served in MOS 13A from the date he completed AIT in April 1970 throughout his period of military service, including during the majority of his combat tour in the RVN.  It further shows he was promoted to SP4/E-4 in the PMOS 71F on 11 February 1971, and he held this PMOS until he was separated.  As a result, the MOS code listed on his 
DD Form 214 is correct and is in fact the one he held on the date of his REFRAD.  

4.  However, under the current regulatory guidance the titles and codes of all MOSs held for more than 1 year are entered on the DD Form 214.  Therefore, it would serve the interest of equity and be appropriate under current regulatory guidance to grant the requested relief by amending item 23a (Specialty Number and Title) of the applicant's DD Form 214 by deleting the current entry and adding the entries "71F2O – Postal Clerk" and "13A1O  – Field Artillery Basic." 

5.  Given the applicant was properly awarded and held PMOS 71F on the date of his REFRAD it would not be appropriate to revoke this MOS or delete all references to it from the record and DD Form 214 as requested by the applicant.  Therefore, it would not be appropriate to grant this portion of the requested relief.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 amending item 23a of his DD Form 214 by deleting the current entry and adding 71F2O – Postal Clerk and "13A1O – Field Artillery Basic" and providing him a correction to the DD Form 214 that reflects these changes.  

2.  The Board further determined that 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 removing all references to MOS 71F from the individual's record and 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)                                         AR20100023627



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ABCMR Record of Proceedings (cont)                                         AR20100023627



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