IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110023534
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 (Armed Forces of the United States Report of Transfer or Discharge) as follows:
* Item 23a (Specialty Number and Title) to show "63H2O (Track Vehicle Repairer)" instead of "63B (Wheel Vehicle Mechanic)"
* Item 23b (Related Civilian Occupation and D.O.T. (Dictionary of Occupational Titles) Number) to show "Technical Inspector for Wheel and Track Vehicles" instead of "Auto [Automobile] Mechanic"
2. The applicant states he was issued an order awarding him military occupational specialty (MOS) 63H and he was also appointed as a Technical Inspector for Wheel and Track Vehicles.
3. The applicant provides:
* DD Form 214
* Special Orders Number 135, dated 15 May 1969
* Special Orders Number 77, dated 8 October 1969
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 Army National Guard (ARNG) on or around 28 November 1964. He entered active duty for training (ADT) and completed the 7-week Wheel Vehicle Mechanic Course at Fort Dix, NJ. He was honorably released from ADT to the control of the ARNG on 11 June 1965.
3. He completed 4 months and 14 days of active service. His DD Form 214 shows in:
* Item 25a (Specialty Number and Title) - "631.10 Wheel Veh [Vehicle] Mech [Mechanic]"
* Item 25b (Related Civilian Occupation and D.O.T. Number) "Auto Mechanic"
4. He was ordered to active duty (mobilized) on 13 May 1968 and subsequently completed 10 months and 10 days of foreign service in the U.S. Army Pacific. He was assigned to the 140th Heavy Equipment Maintenance Company.
5. On 15 May 1969, Headquarters, U.S. Army Support Command, Saigon, published Special Orders Number 135 appointing/promoting him to specialist five (SP5) and awarding him MOS 63H2O, effective 19 March 1969.
6. On 8 October 1969, the 140th Heavy Equipment Maintenance Company published Unit Order Number 77 appointing him as a Technical Inspector for the purpose of inspecting wheel and track vehicles effective 8 October 1969.
7. He was honorably released from active duty to the control of the ARNG on 9 December 1969. His DD Form 214 for this period of service shows in:
* Item 23a - "63B (Wheel Vehicle Mechanic)"
* Item 23b - "Auto [Automobile] Mechanic"
8. Army Regulation Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance on the preparation of the DD Form 214. Item 23 shows the primary MOS code number and title and item 23b shows the related civilian occupation. According to the edition of the D.O.T. at the time, mechanic jobs were listed under the transportation cluster. For Army, the military specialties of both 63B and 63H have an equivalent civilian occupation title as "Automobile Mechanic."
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to SP5 and awarded MOS 63H on 19 March 1969. It appears he held this MOS at the time of separation in December 1969. His DD Form 214 inadvertently listed his MOS as 63B. Therefore, he is entitled to correction of his DD Form 214 to show the correct specialty number and title.
2. According to the D.O.T. edition in effect at the time, both specialties 63B and 63H had an equivalent civilian occupation title of "Automobile Mechanic." This occupation is already shown on his DD Form 214. The appointment as a technical inspector appears to be an additional duty he performed in his unit and does not imply that this title was the equivalent civilian occupation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X__ _ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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:
* Deleting from item 23a of his DD Form 214 for the period ending 9 December 1969 the entry "63B2O Wheeled Vehicle Repairman"
* Adding to item 23a of his DD Form 214 for the period ending 9 December 1969 the entry "63H2O Track Vehicle Repairman"
2. The Board further determined that 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 correcting Item 23b to show "Technical Inspector for Wheel and Track Vehicles" instead of "Auto [Automobile] Mechanic."
__________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) AR20110023534
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023534
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