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ARMY | BCMR | CY2012 | 20120000140
Original file (20120000140.txt) Auto-classification: Approved
 
		IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20120000140 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:

* Item 11d (Effective Date) to show the year of his release from active duty (REFRAD) as 1969 (16 December 1969)
* Item 23a (Specialty Number and Title) to show his the military occupational specialty (MOS) of 67Y2O (Attack Helicopter Repairer)

2.  The applicant states that these items are incorrect.

3.  The applicant provides a copy of 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 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's military record shows he was inducted into the Army of the United States on 14 May 1968.  He served in Vietnam from 18 November 1968 through on or about 16 December 1969.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 22 (MOS) the entry 67A (Aircraft Maintenance Apprentice),              24 September 1968, with a line drawn through it and the entry 55B, primary MOS, with the date 19 April 1969 next to it.

	b.  Item 38 (Record of Assignments) shows he attended training at Fort Rucker, AL, for the MOS of 67A from 15 August 1968 to 21 October 1968.

4.  On 31 December 1968, Troop C, 7th Armored Squadron, 17th Air Cavalry, published Unit Orders Number 57 appointing him to the permanent grade of private first class in MOS 67A. 

5.  On 19 April 1969, Troop C, 7th Armored Squadron, 17th Air Cavalry, published Unit Orders Number 29 appointing him to the permanent grade of specialist four in MOS 55B. 

6.  A DA Form 2376 (Notification of State Adjutants General Release from Active Duty of Obligated Reservist), dated 16 December 1969, shows his REFRAD as 16 December 1969.

7.  He was honorably REFRAD in pay grade E-4 on 16 December 1969, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Annual Training).

8.  His DD Form 214 shows in:

* Item 11d - 16 December 6
* Item 23a - 55B2O, Ammunition Storage Specialist

9.  There is no evidence he was awarded a secondary MOS of 67Y or served in that MOS. 


10.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the effective date of transfer or discharge would be entered in Item 11d.  The primary MOS code number and title would be entered in Item 23a.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's REFRAD date was 16 December 1969.  Therefore, he is entitled to correction to Item 11d of his     DD Form to show the year of 1969 (16 December 1969).

2.  The evidence of record also shows his primary MOS at the time of his REFRAD was 55B (awarded at the time of his appointment to E-4) and it is properly shown in Item 23a of his DD Form 214.  Neither the evidence submitted with the application nor the evidence of record supports his request nor does it establish that Item 23a of his DD Form 214, which is a record of one’s primary MOS, should reflect MOS 67Y.  Therefore, he is not entitled to a correction of Item 23a of his DD Form 214.

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 the existing entry in Item 11d of the applicant's DD Form 214 and adding the entry 16 December 1969.

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 adding to Item 23a of this  DD Form 214 MOS 67Y.  



      _______ _   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)                                         AR20120000140





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ABCMR Record of Proceedings (cont)                                         AR20120000140



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