IN THE CASE OF:	  

		BOARD DATE:	  15 November 2013

		DOCKET NUMBER:  AR20120007470 


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 in:

* item 23a (Specialty Number and Title) – "51H2O Construction Engineering Supervisor"
* item 23b (Related Civilian Occupation and Dictionary of Occupational Titles (DOT) Number) – "First-Line Supervisors of Construction Trades and Extraction Workers" and the appropriate DOT number

2.  He states his DD Form 214 shows his military occupational specialty (MOS) as 71B3O (Clerk Typist) and the related civilian occupation and DOT number as "209.388 Clerk Typist."  He has never been a clerk typist, and he cannot type.  His DA Form 20 (Enlisted Qualification Record) shows his primary MOS was 51H2O (Construction Engineering Supervisor) and shows the MOS was awarded on 10 December 1968.  On page 3 of his DA Form 20, someone typed in an effective date of 1 October 1968 for MOS 71B3O, and in item 8 (Duty MOS) someone entered MOS 71B3O in pencil.  He states, in effect, even if the information were correct, the record still shows the last MOS he held was 51H2O. 

3.  The applicant provides a self-authored description of his duties in MOS 51H2O, his DD Form 214, and his DA Form 20.  



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.  On 14 August 1967, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded MOS 13A (Field Artillery Basic) and assigned to duty in Vietnam.  

3.  Orders in his record show he was reassigned to duty in Korea in June 1968.  

4.  Headquarters, 7th Infantry Division, Korea, issued:

	a.  Special Orders (SO) Number 355, dated 20 December 1968, promoting him to specialist four/E-4 in MOS 51H2O effective 10 December 1968;

	b.  SO Number 358, dated 23 December 1968, withdrawing primary MOS (PMOS) 13A1O and awarding him PMOS 51H2O; and 

	c.  SO Number 063, dated 4 March 1969, showing he held PMOS 51H2O upon assignment to the Separation Transition Station, U.S. Army Personnel Center, Fort Lewis, WA, to be processed for release from active duty.

5.  On 19 March 1969, Headquarters, U.S. Army Personnel Center, Oakland, CA, issued SO Number 78 releasing him from active duty effective the same date.  The SO show his MOS as "71B3O."

6.  His DA Form 20 shows in:

* item 22 (Military Occupational Specialties) he was awarded PMOS 13A1O on 8 December 1967 and PMOS 51H2O on 10 December 1968
* item 38 (Record of Assignments) he was assigned to duty MOS (DMOS) 71B3O with Headquarters and Headquarters Company, 7th Infantry Division, from 1 October 1968 until he returned to the United States
7.  His DD Form 214 shows, on 19 March 1969, he was honorably released from active duty as an overseas returnee after completing 1 year, 7 months, and 7 days of total active service.  Item 23a shows the entry "71B3O Clerk Typist," and item 23b shows the entry "209.388 Clerk Typist."  

8.  In his self-authored description of MOS 51H2O, he states, in part, his duties consisted of supervising Korean civilians in different construction trades throughout Korea.  The work he supervised consisted of building roads, bridges, bunkers, recreational facilities, and landscaping.

9.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, prescribed the enlisted MOS classification structure of the U.S. Army.  It described the duties, skills, and knowledge required for each MOS.  The regulation provided a list of related civilian occupations for each MOS.  The version in effect when the applicant was released from active duty is not available; however, a subsequent version listed the following DOT classifications and codes for MOS 51H3O:

* Construction Superintendent – 182.167-026
* Construction Inspector – 182.267-010

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time stated to enter the PMOS code number and title in item 23a, and, if the MOS had a related civilian occupation, enter the appropriate job title and code number from the DOT in item 23b. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for correction of items 23a and 23b of his DD Form 214.  

2.  Orders in his record and his DA Form 20 show he was awarded PMOS 51H2O during his service in Korea.  Orders further show he was promoted in MOS 51H2O.  It is unclear why his DA Form 20 shows he was assigned DMOS 71B3O, though it is possible he was assigned this DMOS for administrative purposes only.  The regulation governing preparation of the DD Form 214 states the PMOS code and number was to be entered in item 23a.  Therefore, he is entitled to correction of item 23a to show "51H2O Construction Engineering Supervisor."

3.  He states item 23b of his DD Form 214 should show the entry "First-Line Supervisors of Construction Trades and Extraction Workers" and the related DOT number.  Unfortunately, the version of the regulation listing related civilian occupations in effect at the time is not available.  However, a later version of the regulation shows a related civilian occupation for MOS 51H3O is "Construction Superintendent."  Based on his statement of his duties, this is an accurate description of the work he performed in his PMOS, and it would be appropriate to correct item 23b to show this civilian occupation with its associated DOT number.  

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 making the following deletions from and additions to his DD Form 214:

* delete the entries in items 23a and 23b
* add to item 23a "51H2O Construction Engineering Supervisor"
* add to item 23b "182.167-026 Construction Superintendent"

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 correction of item 23b of his DD Form 214 to show the entry "First-Line Supervisors of Construction Trades and Extraction Workers."  


      _______ _   __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)                                         AR20120007470





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ABCMR Record of Proceedings (cont)                                         AR20120007470



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