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ARMY | BCMR | CY2012 | 20120004151
Original file (20120004151.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120004151 


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 award of military occupational specialty (MOS) 68J (Aircraft Instrument Repairman).

2.  The applicant states:

* his DD Form 214 lists his MOS as 76W2O (Petroleum Storage Specialist),
* he never worked or attended school for this MOS
* he went to Fort Eustis, VA and received an MOS as an Aircraft Instrument Repairman, but does not remember the numeral designation
* his pay records would show he received flight pay

3.  The applicant provides his DD Form 214, a citation, and a handwritten note.

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 enlisted in the Regular Army on 31 October 1966.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 22 (MOS) the entry:

* additional MOS 68J (Aircraft Instrument Repairman), effective 25 April 1967 
* secondary MOS 68F (Aircraft Electrician), effective 1 July 1967
* primary MOS 76W2O (Petroleum Storage Specialist), effective 
15 November 1967 

	b.  item 27 (Military Education) he completed Aircraft Instrument Repairman course in MOS 68J, 14 weeks, in 1967.

	c.  item 31 (Foreign Service) he served in the:

* U.S. Army Europe - Germany from 26 May 1967 through 13 April 1969
* U.S. Army Pacific - Vietnam from 2 June 1968 through 1 June 1969 

	d.  item 38 (Record of Assignments) he was assigned to:

* Company D-2 School, Fort Campbell, KY, performing as a student in MOS 68J from 14 January 1967 through 7 May 1967
* 126th Maintenance Battalion (Europe), from 7 June 1967 through 12 April 1968, performing duties in MOS 68F (Senior Electrician Repairman)
* Company B, 4th Aviation Battalion, 4th Infantry Division, from 14 June through 5 November 1968, performing duties in MOS 76W as a Petroleum Storage Specialist
* Companies A and B, 4th Aviation Battalion, 4th Infantry Division, from 6 November 1968 to 9 June 1969, performing duties as a door gunner in MOS 67F (Airplane Technical Inspector)

4.  He submitted a citation that shows he was presented the Air Medal for meritorious achievement in support of ground forces in Vietnam from 13 October through 18 November 1968.

5.  His record contains Special Orders Number 333, issued by 4th Armored Division, on 29 November 1967, which show he was appointed/promoted to the rank/grade of specialist four/E-4 in MOS 76W (Petroleum Storage Specialist).

6.  On 12 June 1969, he was honorably released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 7 months, and 12 days of total active service.  Item 23a (Specialty Number and Title) of his DD Form 214 shows his MOS as 76W (Petroleum Storage Specialist).  Item 25 (Education and Training Completed) shows he completed 14 weeks of the Aircraft Instrument Repairman course.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  The primary MOS code number and title would be entered in Item 23a.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed 14 weeks of training in  the Aircraft Instrument Repairman course during the period January to April 1967 and was awarded primary MOS 68J.  However, effective 15 November 1967, he was awarded primary MOS 76W and 68J became his additional MOS.  Additionally, orders show he was promoted to E-4 in MOS 76W on 29 November 1967.

2.  There is no evidence and he did not provide any to show he reverted to his previous MOS of 68J prior to his REFRAD.  Therefore, in the absence of documentation to support his claim, his DD Form 214 is correct as constituted.

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 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)                                         AR20120004151





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ABCMR Record of Proceedings (cont)                                         AR20120004151



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