IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110023455
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 his DD Form 214 (Report of Separation from Active Duty) to show his military occupational specialty (MOS) 67N (Utility Helicopter Repairer).
2. The applicant states in 1975 he received orders assigning him MOS 67N and he noticed it was missing from his DD Form 214 on the day he was discharged. The clerk told him it was omitted by error and it would be taken care of. He was assigned as a 67N while in Korea and this was his most important MOS, so he would like it added to his DD Form 214.
3. The applicant provides his DD Form 214.
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 31 October 1974. He completed training at Fort Ord, CA on 1 March 1975 and he was awarded MOS 71T (Equipment Maintenance Clerk).
3. Special Orders Number 296, issued by Headquarters, 6th Personnel and Administration Battalion, Korea, dated 23 October 1975, awarded him primary MOS (PMOS) 76T (Aircraft Material Supply Specialist) and secondary MOS (SMOS) 67N. It further withdrew his PMOS of 71T.
4. Orders 14-21, issued by Headquarters, 24th Infantry Division, Fort Stewart, GA, dated 21 July 1976, promoted him to the rank/grade of specialist four (SP4)/E-4. These orders show his MOS as 76D (Ordnance Supply and Part Specialist).
5. He was honorably released from active duty on 29 October 1976 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 11 months, and 29 days of total active service.
6. Item 16a (Primary Specialty Number and Title) of the DD Form 214 he was issued contains, in part, the entry "76D1O." Item 17a (Secondary Specialty Number and Title) contains the entry "DNA" (Does Not Apply).
7. Item 6 (MOS) of his DA Form 2-1 (Personnel Qualification Record) shows his PMOS as 76D and his SMOS as 67N.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of military service. Chapter 2 contained guidance on the preparation of the DD Form 214. The version of the regulation in effect at the time of the applicant's separation stated for item 16a, enter the MOS code, title, and date of award; and for item17a, enter the secondary specialty MOS code, title, and date of award.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was initially trained in and awarded MOS 71T. However, on 23 October 1975, he was awarded PMOS 76T and SMOS 67N. He was also promoted to SP4/E-4 in PMOS 76D on 21 July 1976. Upon his separation, his DD Form 214 listed MOS 76D in item 16a but did not list his SMOS in item 17a.
2. Since he held the SMOS of 67N at the time of separation, he is entitled to correction of his DD Form 214 to show this MOS, title, and the date awarded in item 17a.
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 from item 17a of his DD Form 214 the current entry and replacing it with the entry "67N1O - Utility Helicopter Repairer, 751023."
____________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) AR20110023455
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ABCMR Record of Proceedings (cont) AR20110023455
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