Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110020548
Original file (20110020548.txt) Auto-classification: Approved

		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 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 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110020548



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090010699

    Original file (20090010699.txt) Auto-classification: Denied

    Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS (PMOS) 63C2O (General Vehicle Repairman) on 4 December 1970 and MOS 63B2O became his secondary MOS. Based on the evidence of record, the applicant's PMOS upon separation was 63C as awarded through the publication of permanent military orders. Since only the PMOS is authorized for entry on the DD Form 214, his DD Form 214 correctly shows 63C as his PMOS.

  • ARMY | BCMR | CY2011 | 20110000027

    Original file (20110000027.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His primary MOS was 63C (Track Vehicle Mechanic) and because he qualified as an expert with his M-16 Rifle, he was assigned duties as an M-60 Machinegun gunner on an M113 (Armored Personnel Carrier); however, he was never awarded MOS 11B and his records should show this MOS. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry and warrant officers and enlisted personnel...

  • ARMY | BCMR | CY2010 | 20100000715

    Original file (20100000715.txt) Auto-classification: Denied

    The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), item 23a (Specialty Number and Title), and his DA Form 20 (Enlisted Qualification Record) to show his primary military occupational specialty (PMOS) as infantry gunner. The applicant's DA Form 20, item 22 (MOS), shows he was awarded PMOS 11C on 16 February 1968 and this entry is lined through. Neither the evidence submitted with the application nor the...

  • ARMY | BCMR | CY2014 | 20140004992

    Original file (20140004992.txt) Auto-classification: Denied

    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 | CY2010 | 20100017302

    Original file (20100017302.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Item 22 (Military Occupational Specialties) of his DA Form 20 shows the entries "Primary MOS (PMOS) 63B2O, Light-Wheel Vehicle Mechanic, effective 16 December 1966." The source documents used for preparation of the DD Form 214 at the time of the applicant’s separation included the DA Form 20, separation orders, and any applicable orders or documents on file in the MPRJ, or Official Military...

  • ARMY | BCMR | CY2009 | 20090010258

    Original file (20090010258.txt) Auto-classification: Approved

    The applicant's record contains a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated 6 November 1972, which corrected his DD Form 214, dated 9 November 1970, to show award of the Air Medal with the Numeral 6. Army Regulation 600-200 (Enlisted Personnel Management System) provides, in pertinent part, that a Soldier who can perform duties required of any 3-character MOS may be awarded that MOS. Although the applicant served in...

  • ARMY | BCMR | CY2011 | 20110000040

    Original file (20110000040.txt) Auto-classification: Approved

    He served in the RVN from 22 March through 28 May 1968; this service equals 2 months and 6 days; c. He was a patient in the 7th Field Hospital, Japan, from 29 May through 1 August 1968; this service equals 64 days; d. He was transferred to Letterman Hospital, Fort Irwin, CA, and he was later returned to duty; e. He was awarded MOS 64B2O (Heavy Truck Driver) and he drove a bus during the period 4 October through 9 December 1968; f. He was transferred to Headquarters and Headquarters Company...

  • ARMY | BCMR | CY2011 | 20110009518

    Original file (20110009518.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 71H (Personnel Specialist) and his rank and pay grade as specialist five (SP5)/E-5. 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. The evidence of record shows his PMOS changed from 71H...

  • ARMY | BCMR | CY2011 | 20110023534

    Original file (20110023534.txt) Auto-classification: Approved

    He was honorably released from active duty to the control of the ARNG on 9 December 1969. Therefore, he is entitled to correction of his DD Form 214 to show the correct specialty number and title. edition in effect at the time, both specialties 63B and 63H had an equivalent civilian occupation title of "Automobile Mechanic."

  • ARMY | BCMR | CY2014 | 20140021377

    Original file (20140021377.txt) Auto-classification: Denied

    The applicant requests reconsideration of his earlier request for award of the Purple Heart. As part of his claim he includes orders showing his assignment as a crew chief. In order to request an award under Title 10 USC 1130, the applicant must submit a DA Form 638 (Recommendation for Award).