BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110013442
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 item 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his specialty title as Atomic Demolition Munitions (ADM) Specialist.
2. The applicant states the official who completed his DD Form 214 incorrectly determined that a 12E ADM specialist was an administrative specialist.
3. The applicant provides:
* DD Form 214
* listing of Vietnam era military occupational specialty (MOS) codes
* letter from the National Personnel Records Center
* DD Form 47 (Record of Induction)
* Discharge orders
* DA Form 20 (Enlisted Qualification Record)
* various medical and dental records
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. The applicant was inducted into the Army of the United States on 18 February 1969. He completed basic combat and advanced individual training and was awarded MOS 12A (Pioneer).
3. His DA Form 20 shows he reclassified into MOS 12E, ADM Specialist.
4. He was honorably released from active duty on 25 September 1970.
Item 23a of his DD Form 214 lists his MOS number and title as 12E2O, Administrative Specialist.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of this regulation contains guidance on the preparation of the DD Form 214. Item 23a of the DD Form 214 reflects the primary specialty. This Item contains titles of the MOS.
DISCUSSION AND CONCLUSIONS:
1. The evidence in the applicant's record shows that the correct title for his MOS was Atomic Demolition Munitions Specialist. This MOS title was frequently abbreviated as ADM Specialist.
2. It is clear that a clerical error was made in item 23a of his DD Form 214. The clerk preparing the form obviously concluded that ADM Specialist was an abbreviation for Administrative Specialist.
3. Based on the forgoing, he is entitled to have his DD Form 214 corrected to show the correct MOS title, Atomic Demolition Munitions Specialist.
BOARD VOTE:
__x_____ __x______ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
* deleting the MOS title Admin Spec from item 23a of his DD Form 214
* adding the MOS title Atomic Demolitions Munitions Specialist to 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) AR20110013442
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013442
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