IN THE CASE OF:
BOARD DATE: 20 March 2012
DOCKET NUMBER: AR20110019398
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that his specialty number (block 23a) was 12B20 (Combat Engineer).
2. The applicant states that he was school trained in the military occupational specialty (MOS) of 12B10 (Combat Engineer) and he was not school trained in MOS 76W20 (supply Clerk).
3. The applicant provides a copy of his DD Form 214 and a copy of his Enlisted Qualification Record (DA Form 20).
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 enlisted in the Regular Army in Oklahoma City, Oklahoma on 23 November 1965 for a period of 3 years. He completed his basic training at Fort Polk, Louisiana and his advanced individual training as a pioneer at Fort Leonard Wood, Missouri before being transferred to Vietnam on 25 April 1966 for duty in MOS 56A10 (supply handler).
3. He was assigned to the 134th Quartermaster Company (Petroleum Supply) for duty as a supply handler. He also served as a driver and petroleum supply handler during his tour. He was advanced to the pay grade of E-4 on 16 March 1967 in MOS 56C20 (petroleum storage specialist). He departed Vietnam on 26 April 1967 for assignment to Fort Bliss, Texas on 2 June 1976 as a combat engineer.
4. He departed on 30 June 1967 for airborne training at Fort Benning, Georgia which he completed on 11 August 1967. He departed Fort Benning for assignment to Fort Bragg, North Carolina as a petroleum storage specialist. He was awarded the primary MOS of 76W2P on 21 December 1967.
5. On 4 March 1968 he was transferred to Germany where he served as a petroleum storage specialist in MOS 76W20 until he departed Germany on 4 November 1968 for Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) as an overseas returnee on 5 November 1968. He had served 2 years, 11 months and 13 days of active service and his DD Form 214 issued at the time of his REFRAD reflects in block 23a (specialty number and title) the entry 76W20 SUP CLK.
6. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. It also provides, in pertinent part, that the primary specialty in which the applicant possesses at the time of separation will be entered on the DD Form 214 in block 23a.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the primary specialty of 12A20 should be reflected in block 23a of his DD Form 214 has been noted and found to lack merit.
2. While the applicant was school trained as a pioneer, he was subsequently awarded a primary MOS of 76W20 and was serving in that MOS at the time of his REFRAD.
3. Accordingly, his DD Form 214 was properly prepared to reflect the primary specialty he held at the time of his separation from the service in accordance with the applicable regulations in effect at the time. Therefore, there is no basis to grant the applicants request to change his primary specialty on his records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X __ ____X __ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20110019398
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110019398
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