IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110001779
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 05B4S.
2. The applicant states he is special forces qualified and that should be shown in the MOS item on his DD Form 214.
3. The applicant provides 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 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 was inducted in the Army of the United States on 15 March 1968. He was honorably discharged for the purpose of enlisting in the Regular Army on 20 March 1968. He completed basic combat training, advanced individual training, and basic airborne training.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 22 (Military Occupational Specialties) that MOS 05B4S (Special Forces Radio Operator) was awarded on 3 April 1969 and is shown as his primary MOS and that MOS 05C4S (Special Forces Radio Teletype Operator) was awarded on 4 October 1968 and is shown as his secondary MOS;
b. item 27 (Military Education):
(1) Radio Teletype Operator (05C2O) course completed in 1968,
(2) Radio Operator (Special Forces) (05B4S) course completed in 1969; and
c. item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Parachutist Badge, Army Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.
4. On 14 March 1971, the applicant was honorably released from active duty as a sergeant/E-5. He completed 3 years of creditable active duty service.
5. The applicant's DD Form 214 shows "05B4 Radio Operator" in item 23a (Specialty Number and Title).
6. His available records contain Special Orders Number 73, Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, dated 14 March 1971, announcing his release from active duty. His MOS is shown as 05B4S.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It stated for item 23a to enter primary MOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his MOS as 05B4S denoting special forces qualification.
2. Records clearly show the applicant was awarded MOS 05B4S. Accordingly, this information should be shown on his DD Form 214.
3. In view of the above, the applicant's request should be granted.
BOARD VOTE:
__X_____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 showing "05B4S, Special Forces Radio Operator" in item 23a of his 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) AR20100007195
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ABCMR Record of Proceedings (cont) AR20110001779
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