IN THE CASE OF:	  

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100026432 


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 12 (Last Duty Assignment and Major Command) and 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 that those items are in error.  His military occupational specialty (MOS) was 13B (Cannon Crewmember) and his unit was Headquarters (HQ), 2nd Battalion, 19th Field Artillery (FA).  His personnel file will show that he was trained as a 13B at Fort Sill, OK.  

3.  He provides a copy of his DD Form 214. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no requests, statement, or additional evidence.

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 military records show he was inducted into the Army of the United States in pay grade E-1 on 18 September 1968, for 2 years.

3.  His DA Form 20 (Enlisted Qualification Record) shows the following:

* Item 22 (MOS) shows he was awarded MOS 13A (FA Basic) on 10 February 1969, awarded primary MOS 76Y (Unit Supply Specialist) on 9 August 1969, and primary MOS 36K (Field Wireman) on 9 March 1970
* Item 27 (Military Education) shows he completed the FA Basic Course in MOS 13A in 1969
* Item 31 (Foreign Service) shows he served in Vietnam from 12 February 1969 through 21 April 1970
* Item 38 (Record of Assignments) shows he was assigned to Battery B, 2nd Battalion, 19th Artillery, 1st Air Cavalry, in duty MOS 13A, from 12 February 1969 to 5 July 1969
* Item 38 also shows he was assigned to Battery B, 2nd Battalion, 19th Artillery, 1st Air Cavalry Division, in duty MOS 76Y, from 6 July 1969 to 19 April 1970

4.  Special Orders Number 84 were issued by HQ, 1st Cavalry Division, on 25 March 1970, withdrawing MOS 76Y and awarding MOS 36K and promoting him to sergeant, pay grade E-5, with an effective date of 9 March 1970, in MOS 36K.

5.  He was honorably released from active duty in pay grade E-5 on 25 April 1970, as an overseas returnee, and transferred to the U.S. Army Reserve Control Group (Annual Training).

6.  Item 12 of his DD Form 214 shows his unit as HQ, 2119th Artillery, 1st Cavalry Division, U.S. Army Vietnam (USARV).  Item 23a of this form shows his MOS as 36K.

7.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  It stated the DD Form 214 provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation specified Item 12 would list the individual's current (at the time of release from active duty) unit of assignment and the title of the major command.  Item 23a would list the Soldier's primary MOS code number and title at the time of release from active duty.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends Items 12 and 23a of his DD Form 214 contain errors.  The evidence of record shows at the time of his release from active duty his last duty assignment was Battery B, 2nd Battalion, 19th Artillery, 1st Cavalry Division, USARV.  It appears that during the preparation of his DD Form 214 an administrative error occurred and last duty assignment unit was erroneously entered in Item 12.  Therefore, he is entitled to correction of Item 12 of his DD Form 214 to show his last duty assignment unit was Battery B, 2nd Battalion, 19th Artillery, 1st Cavalry Division, USARV.  

2.  The evidence of record also shows he was awarded MOS 13A in February 1969 and 76Y in April 1969.  During his period of service in Vietnam he served in MOS 76Y from 6 July 1969 to 19 April 1970.  MOS 76Y was withdrawn and he was awarded primary MOS 36K and promoted to pay grade E-5 in this MOS with an effective date of 9 March 1970.  In accordance with regulatory guidance, the MOS of 36K was properly entered in Item 23a of his DD Form 214.  Therefore, he is not entitled to correction of Item 23a of his DD Form 214 to show his MOS specialty number as 13B.

3.  In view of the foregoing, his records should be corrected as recommended below.

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:

	a.  deleting from Item 12 of the applicant's DD Form 214 the entry, "HQ, 2119th Artillery, 1st Cavalry Division, USARV;" and 

   b.  adding to Item 12 of his DD Form 214 the entry, "Battery B, 2nd Battalion, 19th Artillery, 1st Cavalry Division, USARV. 

2.  The Board further determined that the evidence presented is insufficient to war ant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains correcting Item 12 of his DD Form 214 to show the entry, "HQ, 2nd Battalion, 19th Artillery, 1st Cavalry Division" and Item 23a of this form to show the MOS 13B.



      _______ _   __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)                                         AR20100026432





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ABCMR Record of Proceedings (cont)                                         AR20100026432



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