IN THE CASE OF:
BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110020548
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to:
* change his primary military occupational specialty (MOS) from 63C2O (Heavy Vehicle Mechanic) to 45G2T (Fire Control Repairer)
* add the Turret Maintenance Course
2. The applicant states he wants his grandchildren to know what he did while he was serving in the Army.
3. The applicant provides:
* Special Orders Number 70, issued by Headquarters, U.S. Army Armor School, Fort Knox, KY, dated 5 April 1969
* DD Form 215 (Correction to DD Form 214), dated 16 December 2004
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 on 27 May 1968. He completed training and he was awarded MOS 63C. He served at Fort Hood, TX and in Vietnam. The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.
3. His record contains Letter Orders Number 43, issued by Headquarters,
2nd Armored Division, Fort Hood, dated 15 January 1969, directing him to report to the U.S. Army Armor School, Fort Knox on or about 26 January 1969 to attend the Turret Maintenance Course for a period of 10 weeks.
4. He provided Special Orders Number 70, dated 5 April 1969, appointing/
promoting him to the temporary rank/grade of specialist four (SP4)/E-4 in primary MOS (PMOS) 45G2T.
5. His record contains Special Orders Number 336, issued by Headquarters Americal Division, dated 2 December 1969, promoting him to the temporary rank/grade of SP5/E-5 and awarding him PMOS 63B2O.
6. His record contains Special Orders Number 336, issued by Headquarters Americal Division, dated 2 December 1969, awarding him PMOS 63C3O and withdrawing PMOS 63B2O.
7. His DA Form 20 (Enlisted Qualification Record) shows in:
* Item 22 (MOS) his MOS as 63C
* Item 38 (Record of Assignments) his duty MOS consistently as 63C
8. On 21 April 1970, he was honorably released from active duty (REFRAD) as an overseas returnee. His DD Form 214 shows in:
* Item 23a (Specialty Number and Title) his primary MOS as 63C2O
* Item 25 (Education and Training Completed) completion of the Heavy Vehicle Mechanic course
9. 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 in:
* Item 23a to enter the separating Soldier's PMOS code number and title
* Item 25 to enter any installation training courses (qualification training), military correspondence courses, and off duty courses the enlisted person successfully completed during the period covered by the DD Form 214
DISCUSSION AND CONCLUSIONS:
1. The applicant provided orders showing he was awarded PMOS 45G2T. His official records contain subsequent MOS actions/orders awarding him PMOS 63C3O, which was the MOS he held at the time of his REFRAD. However, his DD Form 214 incorrectly shows his PMOS as 63C2O instead of 63C3O. Therefore, his DD Form 214 should be corrected accordingly.
2. The evidence of record shows he completed the Turret Maintenance Course at U.S. Army Armor School, Fort Knox, KY for a period of 10 weeks. Therefore, his DD Form 214 should be corrected accordingly.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from Item 23a of his DD Form 214 the entry "63C2O" and replacing it with the entry "63C3O," and
b. adding to Item 25 of his DD Form 214 the entry "Fort Knox, KY - 10 Weeks - Turret Maintenance Course."
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his DD Form 214 to show his MOS as 45G2T.
___________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) AR20110020548
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ABCMR Record of Proceedings (cont) AR20110020548
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