IN THE CASE OF:	  

		BOARD DATE:	  27 November 2012

		DOCKET NUMBER:  AR20120009455 


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 (Report of Separation from Active Duty) for the period ending 17 December 1973 to show his primary specialty number as 12B4S instead of 12B45.

2.  The applicant states that during his out-processing the clerk typed a "5" instead of an "S" that indicates he was Special Forces qualified.

3.  The applicant provides his DD Form 214 in question.

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 initially enlisted in the Regular Army on 5 August 1968.  He was honorably discharged on 22 December 1969 for the purpose of immediate reenlistment.  On 23 December 1969, and reenlisted for a period of 4 years.

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

* item 22 (Military Occupational Specialties) his PMOS as 12B4S, effective 20 July 1970
* item 38 (Record of Assignments) he attended Phase I and Engineer Special Forces training from 10 February through 15 August 1969 while assigned to the U.S. Army Special Forces Training Group (Airborne), Fort Bragg, NC

4.  On 16 August 1969, he was assigned to Company C, 3rd Special Forces Group (Airborne), 1st Special Forces, Fort Bragg as a demolition specialist in duty MOS 12B3S.

5.  The applicant's record contains Special Orders Number 126, issued by Special Forces Detachment (Airborne), Europe, dated 20 July 1970, that promoted him to the rank/grade of sergeant (SGT)/E-5.  These orders show his PMOS 12B2S (combat engineer – Special Forces qualified) was withdrawn and he was awarded PMOS 12B4S.

6.  On 17 December 1973, the applicant was honorably discharged in the rank/grade of SGT/E-5.  He completed 5 years, 4 months, and 14 days of total active service.  Item 16a (Primary Specialty Number and Title) of the DD Form 214 he was issued at the time shows his primary specialty as "12B45."

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's discharge stipulated that the DA Form 20 was the primary records source for entries on the DD Form 214 and that the entry in item 16a would consist of the PMOS code, title, and date of award.  

8.  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.  Chapter 5 (Special qualification 


identifiers (SQI)) states SQI's are authorized for use with any MOS and skill level character, unless otherwise specified, to identify special requirements of certain positions and special qualifications of personnel who are capable of filling such positions.  The character "S"--Special Forces, is used to identify positions which require assignment of personnel who have completed Special Forces specialist MOS training conducted by the U.S. Army Institute for Military Assistance (USAIMA), or who have completed similar training or acquired qualifying experience which, in the judgment of the Commandant, USAIMA, is equivalent to training received in the Special Forces Qualification Course.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct the fifth character of the PMOS code entered in item 16a of his 17 December 1973 DD Form 214 has been carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant's PMOS code was 12B4S, as evidenced by promotion/MOS orders in his record and the DA Form 20 entries in item 22 and item 38.  It is apparent that an administrative error occurred during the processing of his DD form 214 for the period ending 17 December 1973 when the number "5" was entered instead of the character "S" on his PMOS.  Therefore, it would be appropriate at this time to correct his DD Form 214 accordingly.

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 16a of his DD Form 214 the primary specialty number of "12B45" and replacing it with the entry "12B4S."



      ____________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)                                         AR20120009455



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ABCMR Record of Proceedings (cont)                                         AR20120009455



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