BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120020271
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 he held military occupational specialty (MOS) 63B (wheel vehicle mechanic).
2. The applicant states:
* his MOS should reflect light wheel vehicle mechanic
* his DD Form 214 should reflect his MOS and what he was trained to do
* his DD Form 214 reflects clerk typist which is not accurate
* he attended on the job training for light wheel mechanic at Fort Carson, CO in 1966
3. The applicant provides a copy of his DD Form 214.
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 was inducted into the Army of the United States on
17 November 1965. He completed his training and was awarded MOS 63B.
3. Orders, dated 28 November 1966, show:
* he was awarded primary MOS 71B (clerk typist) and secondary MOS 63B
* primary MOS 63B was withdrawn
4. On 16 November 1967, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
5. Item 23a (Specialty Number and Title) of his DD Form 214 shows the entry "71B20 Clerk Typist."
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The regulation in effect at the time states for item
23a (Specialty Number and Title), enter the primary MOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. The governing regulation in effect at the time states the primary MOS will be entered in item 23a of the DD Form 214.
2. Evidence shows his primary MOS was 71B at time of his release from active duty which is properly shown in item 23a of his DD Form 214. Therefore, there is no basis for granting the requested relief.
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 that 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) AR20120020271
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120020271
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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