BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110005014
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, in effect, amendment of item 23a (Specialty Number and Title) and 23b (Related Civilian Occupation and D.O.T. Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he held military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).
2. The applicant states he never served as a clerk typist; he started training in MOS 11B (Light Weapons Infantryman) and finished his training in MOS 11D.
3. The applicant provides no 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 was inducted into the Army of the United States, for a 2-year term, on 22 November 1966. He completed training and was awarded MOS 11D.
3. Special Orders Number 113, Headquarters, 3rd Battalion, 84th Artillery Regiment, dated 29 May 1967, withdrew his Primary MOS (PMOS) of 11D and awarded PMOS 15E (Pershing Missile Crewmember) and Secondary MOS (SMOS) 11D, effective 29 May 1967.
4. Special Orders Number 46, Headquarters, 2nd Infantry Division, dated 15 February 1968, withdrew his PMOS 15E and awarded PMOS 71B (Clerk Typist), effective 10 February 1968. He was apparently promoted to specialist four in MOS 71B.
5. On 21 November 1968, he was honorably released from active duty and was transferred to the U.S. Army Reserve. He was credited with 2 years of total active service. The highest rank/grade he attained while serving on active duty was specialist four/E4.
* Items 23a shows he held MOS 71B at the time of his release from active duty
* Item 23b shows his MOS of 71B was most closely related to the civilian occupation "Clerk Typist"
6. Army Regulation 635-5 (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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It further provides that items 23a and 23b will contain the separating Soldier's primary MOS, code number, title, along with its related civilian occupation title and code number, if applicable.
DISCUSSION AND CONCLUSIONS:
The applicant contends that items 23a and 23b of his DD Form 214 should show he held MOS 11D. Army Regulation 635-5 states that items 23a and 23b will document the codes and titles of the separating Soldiers PMOS. The evidence of record confirms the applicant's PMOS was 71B, not 11D; therefore, his DD Form 214 is correct as stated and there is an insufficient basis to grant relief in this case.
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) AR20100015543
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110005014
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