IN THE CASE OF:	  

		BOARD DATE:	    15 December 2011

		DOCKET NUMBER:  AR20110010893 


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 item 12 (Last Duty Assignment and Major Command), item 22c (Foreign and/or Sea Service), item 23a (Specialty Number and Title), item 23b (Related Civilian Occupation and D.O.T. Code), and item 25 (Education and Training) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).    

2.  The applicant states the entry in item 12 omits the intermediate command and should read “HQ 1ST SIG BDE (USASTRATCOM) USARV” which adds the intermediate command U.S. Army Strategic Communications Command (USASTRATCOM) to the current entry; item 22c should include USARPAC in the entry; item 23a should list his secondary military occupational specialty (SMOS) and item 23b should list the D.O.T. code related to his SMOS; and item 25 should document 71C MOS training.  

3.  The applicant provides the following documents in support of his application:

* Self-authored letter to the National Personnel Records Center (NPRC), dated 9 April 2011
* SMOS Orders, dated 1 February 1971
* DD Form 214
* DD Form 215 (Correction to DD Form 214), dated 22 April 1972
* Assignment/Reassignment Orders, dated 13 January and 13 August 1970
* NPRC Letter, dated 9 May 2011

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’s record shows he was inducted into the Army of the United States on 24 September 1969.  His DA Form 20 (Enlisted Qualification Record) shows he was awarded primary military occupational specialty (PMOS) 71B (Clerk-Typist) on 3 June 1970 in item 22 (Military Occupational Specialties).  Item 22 also shows he was awarded SMOS 71C (Stenographer) on 1 February 1971.  Item 27 (Military Education) shows the applicant completed the 16-week MOS 71C Stenographer course at Fort Benjamin Harrison, Indiana in 1970.  

3.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows that during his only active duty assignment , which was to Headquarters and Headquarters Company, 1st Signal Brigade,  Republic of Vietnam (RVN), he was assigned the principal duty of clerk-typist in his PMOS of 71B.  Item 38 shows no  assignment to or performance of duty in MOS 71C as a stenographer.

4.  On 9 August 1971, the applicant was honorably released from active duty, in the rank of specialist four, after completing 1 year, 10 months, and 16 days of active military service.  The DD Form 214 he was issued at the time contains the entries in the items in question:

* Item 12 -  “HQ 1ST SIG BDE USARV” 
* Item 22c -  “USARPAC  0  11  28”
* Item 23a -  “71B30 CLERK TYPIST”
* Item 23b -  “209.388 CLERK TYPIST”
* Item 25 -  “USAAGS 71C20  STENO  16WKS  70”



5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant’s separation stated the entry in item 12 for enlisted personnel would include the last unit and major command.  There were no provisions for entering intermediate commands.  The instructions for item 23a and b stated to enter the PMOS code number and title, and if the specialty represented by the MOS had a related civilian occupation, enter the appropriate job title and code from the dictionary of occupational titles in item 23b.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct items 12, 22c, 23a, 23b and 25 of his 
DD Form 214 has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The regulation in effect at the time did not provide for entering the intermediate command in item 12.  It also provided for listing information related only to the PMOS in items 23a and 23b.  

3.  The evidence of record shows and the applicant admits in his supporting statement that item 22c is correct and includes USARPAC in the entry.  It also shows the 71C, stenographer, course is documented in item 25.  As a result there are no errors or omissions related to these items.  

4.  As a result, absent any evidence of error or injustice, there is an insufficient evidentiary basis to support granting the requested relief. 

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)                                         AR20110010893



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ABCMR Record of Proceedings (cont)                                         AR20110010893



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