IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100026854
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 his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as Water Supply Point Operator.
2. The applicant states, in effect, that he never worked as a plumber. His company commander in Vietnam noticed he had training in refrigeration and had his MOS changed. His primary duties were to repair cooling units for mess halls and graves registration units.
3. The applicant submits a copy of his 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 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 on 7 July 1967. He completed training and was awarded MOS 51N (Water Supply Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that effective 26 April 1968 he was assigned to the 603d Engineer Detachment in Vietnam in duty MOS (DMOS) 51N. On 12 June 1968, he was reassigned to the 160th Engineer Detachment in DMOS 51K (Plumber). On
30 December 1968, his DMOS was changed to 51L (Refrigeration Mechanic). He departed Vietnam on 18 April 1968.
4. His DD Form 214 shows he was honorably released from active duty as a specialist five (SP5)/E-5 effective 6 July 1970. He had completed 3 years of total active service. Item 23a (Specialty Number and Title) shows 51K20, Plumber.
5. His records contain:
a. Special Orders Number 48, Headquarters, U.S. Army Engineer Construction Agency Vietnam, dated 28 February 1968, announcing the applicant's promotion to SP5 in MOS 51K.
b. Special Orders Number 49, Headquarters, U.S. Army Engineer Construction Agency Vietnam, dated 1 March 1968, announcing award of primary (PMOS) 51K and withdrawal of PMOS 51N.
6. 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 states for item 23a (Specialty Number and Title), enter the primary MOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded PMOS 51N upon completion of his training and, according to his DA Form 20, he initially performed in that DMOS in Vietnam.
2. Available evidence shows that his PMOS changed from 51N to 51K when he was promoted to SP5. The regulatory guidance was to enter the PMOS on the DD Form 214.
3. Therefore, there is no basis for correction of the applicant's DD Form 214 in this instance.
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 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) AR20100026854
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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