IN THE CASE OF:
BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110014287
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 5 (Qualifications Specialty Number or Symbol) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show:
* his military occupational specialty (MOS) as "1603 (Anti-Aircraft Artillery (AAA) Chief)" instead of "1510 (AAA Intelligence Chief)"
* his related civilian occupation title as "90-millimeter (mm) AAA Gunner" instead of "Clerk, General Office"
2. The applicant states his actual MOS was 1603. He wishes to have this error corrected both for posterity and as a matter of pride and esprit de corps. He states he was, and remains, very proud to have served his country as an anti-aircraft gunner, and would like his DD Form 214 to reflect his actual MOS. He concludes by stating that any Soldier who has ever served understands the pride and esprit de corps one feels for his or her branch, unit, and MOS.
3. The applicant provides:
* DD Form 214
* Special Orders Number 166, Headquarters, 69th AAA Gun Battalion, Fort Tilden, NY, dated 6 October 1951
* an undated newspaper article
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 15 August 1949.
4. Special Orders Number 166, Headquarters, 69th AAA Gun Battalion, Fort Tilden, NY, dated 6 October 1951, promoted him to the rank/pay grade of sergeant/E-5 and awarded him MOS 1603 effective 6 October 1951.
5. On 15 December 1952, he was honorably discharged. Item 5 of his DD Form 214 shows his MOS as 1510. Item 24 (Total Net Service Completed for Pay Purposes) shows he was credited with completion of 3 years, 4 months, and 1 day of total active service.
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 item 5 will contain the separating Soldier's primary MOS, code number, and title, along with its related civilian occupation title and code number, if applicable.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 5 of his DD Form 214 should show he held MOS 1603. Army Regulation 635-5 states that item 5 will document the code and title of the separating Soldier's PMOS. The evidence of record confirms the applicant's PMOS was 1603, not 1510; therefore, it would be appropriate to correct his DD Form 214 to show his proper MOS.
2. The applicant contends that item 5 of his DD Form 214 should reflect his related civilian occupation title as "90mm AAA Gunner" instead of "Clerk, General Office"; however, the requested title was not a civilian occupation at the time of his separation. It would not be appropriate to make this correction; however, the title "Clerk, General Office" is incorrect. Therefore, it would be appropriate to correct the title to reflect an entry of "not applicable."
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 amending item 5 of his DD Form 214 to show his MOS as 1603 and his related civilian occupation title as "not applicable."
_____________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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110014287
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140004992
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct military occupational specialty (MOS) and mailing address after separation. His DA Form 20 (Enlisted Qualification Record) shows in * item 22 (MOS) * Primary MOS (PMOS) 11E2O, Armor Crewman, 18 October 1968 (this entry is lined-thru/deleted) * PMOS 71B3O, Clerk Typist, 30 January 1969 * item 31 (Foreign Service) he served in Vietnam from 7...
ARMY | BCMR | CY2009 | 20090019167
The applicant states: * His DD Form 214 shows his MOS was 1816 (clerk/personnel administrative supervisor); however, he served two years in Korea in MOS 1602 (antiaircraft artillery (AAA) automatic weapons (AW) chief) * He only served in MOS 1816 during the last year of his service (November 1952 to November 1953) * His initial MOS was 3603 (AAA AW cannoneer) * In Korea he became a squad leader in MOS 1602 3. The applicant contends he served his first two years of service in MOS 1602 and...
ARMY | BCMR | CY2012 | 20120007470
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * item 23a (Specialty Number and Title) "51H2O Construction Engineering Supervisor" * item 23b (Related Civilian Occupation and Dictionary of Occupational Titles (DOT) Number) "First-Line Supervisors of Construction Trades and Extraction Workers" and the appropriate DOT number 2. The applicant provides a self-authored description of his duties...
ARMY | BCMR | CY2011 | 20110023820
The applicant requests the DD Form (Report of Separation from the Armed Forces of the United States) of his deceased father's, a former service member (FSM), be corrected to show the: * National Defense Service Medal * Army Good Conduct Medal 2. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The evidence of record shows the FSM served...
ARMY | BCMR | CY2011 | 20110005014
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). 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.
ARMY | BCMR | CY2008 | 20080000588
The applicant essentially states that item 23a (Specialty Number and Title) of his DD Form 214 correctly shows that his PMOS was 55B (Ammunition Storage Specialist). The fact that the applicant believes that the entry in item 23b should show his PMOS title was noted; however, the preparation of this item was in accordance with regulations in effect at the time, and this block is merely a way to translate his PMOS title into the title and D.O.T. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090004597
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. Records also show that prior to assignment to the Republic of Vietnam his PMOS of 11B was withdrawn and he was awarded PMOS of 11E. Although the applicant argues that he was not trained in MOS 11E, evidence of record shows he performed...
ARMY | BCMR | CY2013 | 20130003676
Special Orders Number 92, issued by Headquarters, 210th Combat Aviation Battalion, dated 27 July 1967, withdrew his Primary MOS (PMOS) of 11C and awarded him PMOS 76U and Secondary MOS (SMOS) 11C, under the provisions of Army Regulation 600-200 (Enlisted Personnel Management), effective 17 May 1967. It establishes standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or...
ARMY | BCMR | CY2009 | 20090017464
Application for correction of military records (with supporting documents provided, if any). His records show he served in Vietnam from on or about 17 November 1970 to 16 November 1971. Notwithstanding the statements provided by his former unit members, in the absence of a certificate of training or evidence that shows he completed the training and was awarded an air defense artillery MOS, there is insufficient evidence to correct his DD Form 214 to show his MOS as a gunner.
ARMY | BCMR | CY2011 | 20110010893
Application for correction of military records (with supporting documents provided, if any). 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 related to his SMOS; and item 25 should document 71C MOS training.