IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110003920 


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 records to show he was awarded military occupational specialty (MOS) "Crew Chief of a Gun Ship" [67-series MOS] instead of "Teletype Operator" [05C2O].

2.  The applicant states Army officials made an error in documenting the correct MOS on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 and documents awarding him the Air Medal.

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 into the Army of the United States on 3 August 1967.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 22 (MOSs) he was awarded primary MOS (PMOS) 05C2O (Radio Teletype Operator) on 22 March 1968;

   b.  item 27 (Military Education) he completed the 11-week Radio Teletype Operator course (MOS Code 05C2O) in 1968;

	c.  item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 24 April 1968 through 23 April 1969;

   d.  item 33 (Appointments and Reductions) he was promoted to specialist four (SP4)/pay grade E-4 on 22 March 1968; and 

	e.  item 38 (Record of Assignments) he served in:

       (1)  duty MOS 05C2O as a radio teletype operator while assigned to the 129th Assault Helicopter Company from 8 May through 9 June 1968; and

       (2)  duty MOS 67N2O as a UH-1 helicopter repairman while assigned to the 129th Assault Helicopter Company from 10 June 1968 through 16 April 1969.

4.  Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, Special Orders Number 69, dated 22 March 1968, reassigned the applicant to the 90th Adjutant General Replacement Battalion [RVN].  The orders show that MOS 05C2O was designated as his PMOS on 22 March 1968.

5.  Headquarters, 17th Combat Aviation Group [RVN], Special Orders Number 126, dated 5 May 1968, further assigned the applicant to the 268th Aviation Battalion on 9 May 1968 in MOS 05C2O.

6.  Headquarters, 268th Aviation Battalion [RVN], Special Orders Number 165, dated 24 June 1968, assigned the applicant to the 129th Assault Helicopter Company on 21 June 1968.  The standard name line (SNL) shows the applicant's MOS as 67N2O.

7.  Headquarters, 1st Aviation Brigade [RVN], Special Orders Number 265, dated 25 September 1968, announced the applicant's regular and frequent participation in aerial flight as a non-aviator crewmember gunner, effective 15 August 1968. The SNL shows the applicant's MOS as 67A1F.
8.  Headquarters, 268th Combat Aviation Battalion [RVN], Special Orders Number 27, dated 27 January 1969, reassigned the applicant to the U.S. Army Vietnam Returnee Detachment for further assignment to the U.S. Army Transfer Station, Fort Lewis, WA, on 26 April 1969.  The SNL shows the applicant's MOS as 05C2O.

9.  Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 112, dated 27 April 1969, show the applicant was released from active duty (REFRAD) effective 22 April 1969.  The SNL shows the applicant's MOS as 05C2O.

10.  The applicant's DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), dated 4 November 1969, shows he was honorably REFRAD on 22 April 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

   a.  He completed 1 year, 8 months, and 20 days of net active service, including 11 months and 29 days of foreign service in the RVN.

	b.  Item 23a (Specialty Number and Title) shows "05C2O, Radio Teletype."

11.  In support of his application, the applicant provides a copy of Headquarters, 1st Aviation Brigade, Special Orders Number 344, dated 20 January 1969, and an Air Medal Citation that show he was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period 10 June 1968 to 1 September 1968.

12.  The applicant's military personnel records do not contain any orders showing he was ever awarded MOS 67N2O (Utility Helicopter Repairer) or MOS 67A1F (Aircraft Maintenance Apprentice) as his PMOS.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

   b.  Item 23a states enter PMOS code number and title.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was awarded a PMOS corresponding to duties as crew chief of a gun ship.

2.  Records show that upon completion of training the applicant was awarded PMOS 05C2O on 22 March 1968.  Records also show he was promoted to SP4 and assigned overseas to the RVN in PMOS 05C2O.

3.  The sincerity of the applicant's comments that he performed duties as a non-aviator crewmember gunner is not in question.  In fact, special orders confirm he performed such duties.  In addition, item 35 of his DA Form 20 shows he served in duty MOS 67N2O [emphasis added] as a UH-1 helicopter repairman.  However, there are no orders or any other evidence of record to show the applicant was awarded 67N or any other 67-series MOS as his PMOS.

4.  Special orders show that the applicant held PMOS 05C2O when he was reassigned from the 268th Combat Aviation Battalion to the United States for separation processing and when he was REFRAD on 22 April 1969.

5.  Thus, item 23a of the applicant's DD Form 214 shows the correct PMOS code and title.  Therefore, there is no basis for correcting the applicant's military service records or the entry in item 23a of his DD Form 214.

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)                                         AR20110003920



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ABCMR Record of Proceedings (cont)                                         AR20110003920



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