IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100028355
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 United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 91B (M88 recovery crewman) [sic].
2. The applicant states he was a clerk typist only in advanced individual training (AIT) for 8 weeks and that the remainder of his service was in the primary MOS of 11H (antiarmor infantryman).
3. The applicant provides his National Guard Bureau (NGB) Form 22 (NGB Report of Separation and Record of Service) for the period ending 29 September 1979, a letter of support, and a photocopy of three pictures.
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. His military records show he was inducted into the Army of the United States on 13 April 1971. He completed training and he was awarded MOS 71B (clerk typist). He was advanced to specialist four (SP4)/E-4 on 5 February 1972.
3. Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 71B (clerk typist) on 13 August 1971. There are no further entries in this item.
4. Item 38 (Record of Assignments) of his DA Form 20 shows while he was stationed in Vietnam he was assigned as follows:
Effective Date
Duty MOS
Principal Duty
Organization and Station or Theater
14 Sep 71
71B2O
Clerk Typist
185th Maint Bn
23 Sep 71
71B2O
Clerk Typist
378th Maint Co
20 Dec 71
71B2O
Clerk Typist
19th Maint Co
12 Jan 72
71T2O
Maint Data Spec
185th Maint Bn
24 Apr 72
Casual
Enroute to CONUS
5. He was honorably released from active duty on 26 April 1972 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed a total of 1 year and 14 days of creditable active service.
6. His NGB Form 22 shows he served in the Kentucky Army National Guard (KYARNG) during the period 30 September 1976 through 29 September 1979. This form shows his primary MOS and title as 11H (antiarmor infantryman).
7. Army Regulation 635-5 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 provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge. The regulation in effect at the time stated that block 23a would contain the primary MOS code number, title, and date of award.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he was initially trained in MOS 71B and that he was awarded MOS 71B as his primary MOS while serving on active duty. His DA Form 20 shows only primary MOS 71B and that he was assigned to clerk typist and maintenance data specialist positions while on active duty.
2. Regulatory policy in effect at the time prescribed that only the primary MOS would be entered on the DD Form 214. While it appears he was later awarded 11H as his primary MOS while serving in the KYARNG, this change of MOS occurred after the period covered by his DD Form 214 and as such, would not be entered on his DD Form 214. Therefore, at the time his DD Form 214 was completed and issued, it correctly showed his primary specialty number and title as 71B, clerk typist.
3. In view of the foregoing, since there is no error to correct, there is no basis for granting the applicant's request.
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 that 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) AR20100028355
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100028355
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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