IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120002162
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) to show the proper military specialty and title.
2. The applicant states his DD Form 214 shows his specialty number and title as 67H (Cargo Handler). He never handled any cargo. He was attached to the 458th Transportation Company of the 48th Military Police Brigade.
3. The applicant did not provide any evidence.
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 was inducted into the Army of the United States for a period of 2 years on 17 January 1967.
3. He completed basic combat training at Fort Knox, KY, and was reassigned to Fort Eustis, VA, on 26 March 1967 where he attended and completed advanced individual training for military occupational specialty (MOS) 61C (Marine Engineer).
4. On 6 June 1967, Headquarters, U.S. Army Transportation School, Fort Eustis, VA, published Special Orders (SO) Number 109, awarding him MOS 61C.
5. Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded secondary MOS (SMOS) 61C on 1 June 1967 and primary MOS (PMOS) 57H (Cargo Handler) on 5 December 1967.
6. Item 38 (Record of Assignments) of his DA Form 20 shows he served in various duty MOSs, including:
* 56A (Supply Handler), on 9 June 1967, while assigned to the 105th Transportation Company, Fort Eustis
* 57A (Duty Soldier), on 1 July 1967, while assigned to the 105th Transportation Company, Fort Eustis, VA
* 57H (Winch Operator and Signalman), on 5 December 1967, while assigned to the 105th Transportation Company, Fort Eustis, VA
7. On 18 November 1967, Headquarters, 105th Transportation Company, Fort Eustis, VA, published SO Number 117, promoting him to specialist four/E-4 in MOS 57H.
8. On 5 December 1967, Headquarters, 80th Transportation Battalion, Fort Eustis, VA, published SO Number 3 withdrawing PMOS 61C and awarding him PMOS 57H and SMOS 61C.
9. He served in Vietnam from on or about 15 April 1968 to on or about 7 January 1969. He was assigned as follows:
* From 19 April 1968 to 19 July 1968, 41st Engineer Company, in MOS 61C as an Engineerman
* From 20 July 1968 to an unknown date, 458th Transportation Company, in MOS 61C
10. He was honorably released from active duty on 7 January 1969. Item 23a (Specialty Number and Title) shows the entry "67H2O CARGO HANDLER."
11. 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, in pertinent part, that item 23a shows the primary specialty number and title.
DISCUSSION AND CONCLUSIONS:
1. The applicant was initially trained in and awarded PMOS 61C, watercraft engineer, on 6 June 1967. However, five months later, in November 1967, he was promoted to SP4/E-4 in MOS 57H, cargo handler. In December 1967, by official orders, PMOS 61C was withdrawn and became his SMOS while MOS 57A became his PMOS.
2. A few months later, he departed for Vietnam where he served with transportation units in MOS 61C, from on or about 15 April 1968 to on or about
7 January 1969. Yet, upon return from Vietnam and subsequent release from active duty on 7 January 1969, his DD Form 214 listed his specialty number and title as 67H, which is actually an airplane repairman.
3. It is clear that administrative errors were committed while preparing his DD Form 214. Since it is unclear what PMOS he held at the time of his release from active duty and since it is clear that the current specialty entry on his DD Form 214 is in error, there is no harm to the Army if both specialties, 61C and 57H, are listed on his DD Form 214.
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 23a of his DD Form 214 the entry "67H2O CARGO HANDLER" and replacing it with the entries "PMOS 57H (CARGO HANDLER) and SMOS 61C (MARINE ENGINEER)."
____________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) AR20120002162
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ABCMR Record of Proceedings (cont) AR20120002162
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