IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120001574
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his primary military occupational specialty (MOS) as 35K (Avionics Mechanic).
2. The applicant states he attended the U.S. Army Southeastern Signal School (USASESS) as a 35K2O and worked in the MOS for three years in Germany. He worked the flight line every day in that capacity and left the Army in pay grade E-5. His disability claim lists his MOS as 35L2O and his pay grade as E-4.
3. The applicant provides a photograph, an Avionics Mechanic Course (35K20) diploma, and a certificate of appreciation, dated 15 February 1971.
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 23 February 1968. He was trained in and awarded military occupational specialty (MOS) 35K on
13 September 1968.
3. On 15 November 1969, he was recommended promotion to specialist five (SP5/E-5). His DA Form 3355-R (Promotion Point Worksheet) shows his recommended MOS as 35L2O (Avionics Communication Equipment Repairman/Bench Repairer Electrician).
4. On 25 November 1969, Headquarters, 15th Aviation Group (Combat), Germany, published Special Orders (SO) Number 244, awarding him PMOS 35L2O and withdrawing MOS 35K2O.
5. Item 38 (Record of Assignments) of his DA Form 20 shows he served in the following duty MOSs:
* 35K (Service School Avionics Mechanic), from 13 May 1968 to 22 October 1968, while assigned to the USASESS, Fort Gordon
* 35L (Avionics Repairman), from 23 October 1968 to 15 February 1971, while assigned to the U.S. Army Europe, Safety and Standardization Detachment, Germany
6. He provides a photograph of the graduating class of USASESS, dated
13 September 1968, and his associated diploma.
7. He was honorably released from active duty on 15 February 1971. His
DD Form 214 shows in:
* Item 5a (Grade, Rate or Rank) - SP5
* Item 5b (Pay Grade) - E-5
* Item 23a (Specialty Number and Title) shows the entry "35L2O BENCH RPR ELEC"
* Item 23 (Education and Training Completed) - "SVC SCH AVN MECH 35K2O 18 WKS 68"
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It stated that item 23a shows the primary specialty number and title.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his records should be corrected to show his PMOS as 35K2O.
2. Records show that upon completion of his initial training he was awarded PMOS 35K. However, upon his promotion to specialist five he was awarded PMOS 35L2O. During his period of service he performed duties in both MOSs; however, regulatory guidance in effect at the time of his separation prescribed that only the PMOS would be entered in Item 23a of the DD Form 214. His DD Form 214 correctly shows his PMOS as 35L2O; therefore, there is no basis to correct his DD Form 214.
3. In view of the above, his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20120001574
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ABCMR Record of Proceedings (cont) AR20120001574
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