IN THE CASE OF:	  

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120007873 


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 his military occupational specialty (MOS) as 11B1O (Light Weapons Infantryman) vice 11B2O.

2.  The applicant states his MOS should have been listed as 11B1O.  He is providing a copy of the DD Form 215 (Correction to DD Form 214).  The DD Form 215 contains an incorrect social security number even though the DD Form 214 is correct.

3.  The applicant provides his DD Form 214, DD Form 215, and orders.

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's records show he was inducted into the Army of the United States, on 12 June 1969, and he held MOS 11C.  He served in Vietnam from 13 November 1969 to 16 November 1970 while assigned to 4th Battalion, 9th Infantry Regiment, 25th Infantry Division.

3.  Special Orders Number 82, dated 23 March 1970, issued by Headquarters, 25th Infantry Division, promoted him to the rank/grade of specialist four (SP4)/
E-4, awarded him MOS 11B2O, and withdrew MOS 11B1O.

4.  He was honorably released from active duty on 11 June 1971 and transferred to the U.S. Army Reserve.  He completed 2 years of net active service.

5.  Item 23a (Specialty Number & Title) of the DD Form 214 he was issued shows the entry "11B2O - Light Weapons Infantryman."  His DD Form 214 also shows his SSN with the first two digits as "59."  This SSN is consistent with the SSN listed on his DA Form 20 (Enlisted Qualification Record) and his DD Form 47 (Record of Induction).

6.  On 5 May 2004, the applicant submitted an application to the ABCMR to add a Bronze Star Medal to his DD Form 214.  His records contain a DD Form 215, dated 13 September 2004, wherein it corrected his DD Form 214 by deleting the Vietnam Service Medal and adding additional awards.  The SSN listed on this DD Form 215 shows the applicant's SSN with the first two digits as "25."  It appears when the applicant requested a correction to his DD Form 214 he provided a DD Form 214 and award orders with the first two digits as "25" and this discrepancy was not noted.

7.  On 23 June 2005, the applicant submitted an application to the ABCMR to add the Bronze Star Medal to his DD Form 214.  His records also contain a DD Form 215, dated 4 August 2005, wherein it corrected his DD Form 214 by deleting the Vietnam Service Medal and adding the Bronze Star Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  The SSN Listed on this DD Form 215 shows the applicant's SSN with the first two digits as "59."  

8.  The applicant provides a DD Form 214 that is the same as the DD Form 214 contained in his records except the DD Form 214 he provides shows his SSN
with the first two digits as "25."  He also provides his DD Form 215, dated 4 August 2005, wherein he crossed out the SSN on the form and wrote in his SSN with the first two digits as "25."

9.  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 states in item 23a enter the MOS held at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows at the time the applicant was separated from active duty, on 11 June 1971, he held the MOS of 11B2O, which is correctly shown on his DD Form 214.  Therefore, he is not entitled to the requested relief. 

2.  In addition, the applicant's records contain a DD Form 215 that was completed on 13 September 2004 wherein his SSN is listed incorrectly.  It appears that due to the difference in the SSN, this DD Form 215 was not immediately filed in his records and he did not receive the DD Form 215.  On 4 August 2005, a second DD Form 215 was completed wherein his SSN is listed correctly.  

3.  The evidence shows the applicant’s records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 
	
________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.


2.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by voiding the DD Form 215, dated 13 September 2004.



      _______ _   __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)                                         AR20120007873



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ABCMR Record of Proceedings (cont)                                         AR20120007873



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