IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120003471
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 112.00 (Heavy Weapons Infantryman).
2. The applicant states that whoever typed his DD Form 214 made an error. He is making this request for the purpose of obtaining medical benefits from the Department of Veterans Affairs (VA) for his hearing loss.
3. The applicant provides copies of:
* DD Form 214
* Unit Orders Number 77, Fort Hood, TX, dated 12 November 1964, awarding him the 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Mortar Bar
* Photocopies of two pictures showing a mortar and four Soldiers with a mortar
* Unit Orders Number 56, Fort Hood, TX, dated 1 October 1964, announcing his advancement to private first class, pay grade E-3, in MOS 112.00
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. On 22 January 1964, the applicant was inducted into the Army of the United States. He completed basic combat training at Fort Dix, New Jersey, and was subsequently assigned for advanced individual training at Fort Hood, TX.
3. The applicant was assigned to the 41st Infantry Regiment on 11 April 1964 with a duty MOS of 112 (Heavy Weapons) but working as a radio operator.
4. On 3 September 1964, the applicant was awarded MOS 64A1O (Light Vehicle Driver).
5. The applicant was advanced to PFC, pay grade E-3 in MOS 112 (Heavy Weapons) with a date of rank of 1 October 1964.
6. In November 1964, the applicant qualified as a 1st class gunner on the 4.2 mortar with a score of 89.
7. On 14 July 1965, the applicant was assigned within the same unit in duty MOS 11B2O (Light Weapons Infantryman) as a personnel carrier driver.
8. On 21 January 1966, the applicant was released from active duty. His DD Form 214 shows in Item 25a (Specialty Number and Title) 64A1O Light Vehicle Driver.
9. Army Regulation 200-200 (Personnel Management), as in effect at the time, provided that when Soldiers were advanced/promoted in a particular MOS, that MOS became their primary specialty.
10. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.
a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
b. This regulation, as in effect at the time, required an entry in Item 25a (Specialty Number and Title) showing the Soldier's MOS.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his MOS as 112.00.
2. The available evidence indicates that MOS 112 identified a Soldier who was a Heavy Weapons Infantryman. Based on his advancement to private first class on 1 October 1964, this should have become his primary MOS.
3. In view of the above, the applicant's request should be granted.
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:
a. deleting from Item 25a of his DD Form 214: 64A1O Light Vehicle Driver; and
b. showing in Item 25a: 112.00 Heavy Weapons Infantryman.
__________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) AR20120003471
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ABCMR Record of Proceedings (cont) AR20120003471
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