IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20120023014
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 the correct amount of foreign service in item 22c (Foreign and/or Sea Service) and to show his military occupational specialty (MOS) as 26V2OB1 instead of 62V2O in item 23a (Specialty Number and Title) and in item 25 (Education and Training Completed).
2. The applicant states he believes it was an error because he served in Thailand from 24 November 1969 to 2 May 1971.
3. The applicant provides a DA Form 20 (Enlisted Qualification Record).
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 30 September 1968. He was awarded MOS 26V (Strategic Microwave System Repairman) upon completion of initial entry training.
3. Item 27 (Military Education) of his DA Form 20 shows he completed the Strategic Microwave System Repairman Course , MOS 26V2O, and the 8-week Radio Set LRC-3 Repairman Course, MOS 26B2OB1, in 1969. Item 31 (Foreign Service) shows he served in USARPAC (U.S. Army Pacific)/Thailand from
24 November 1969 to 2 May 1971 (1 year, 5 months, and 9 days).
4. Headquarters, U.S. Army Signal Center and School, Special Orders Number 222, dated 1 October 1969, awarded him MOS 26V2OB1.
5. He was released from active duty on 8 May 1971. His DD Form 214 shows in:
a. item 22c, he served 5 months and 15 days of foreign and/or sea service;
b. item 23a, the entry "62V2O"; and
c. item 25, the entries "STR M/W Sys Rpmn" [Strategic Microwave System Repairman], 26V2O, 23 wks, 69, and "Radio Set LRC, 26V2O, 8 wks, 69."
6. 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 provides standardized policy for the preparation of the DD Form 214. The version in effect at the time of the applicant's separation provided that for:
a. item 22c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., "USAREUR";
b. item 23a, enter primary MOS code number and title; and
c. item 25, enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Orders show he was awarded MOS 26V2OB1. However, item 23a of his
DD Form 214 shows the entry 62V2O. Therefore, item 23a of his DD Form 214 should be corrected to show his correct MOS.
2. Evidence shows he served in USARPAC/Thailand from 24 November 1969 to 2 May 1971 (1 year, 5 months, and 9 days). However, item 22c shows he served only 5 months and 15 days of foreign and/or sea service. Therefore, his
DD Form 214 should be corrected to show the correct amount of foreign service and the last overseas theater in which the service was performed.
3. Evidence also shows he completed the 8-week Radio Set LRC-3 Repairman Course, MOS 26B2OB1. However, item 25 of his DD Form 214 shows the entry "Radio Set LRC-3 Repairman Course, MOS 26B2O." Therefore, item 25 of his
DD Form 214 should be corrected to show the complete MOS designation.
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:
a. replacing the current entry in item 22c of his DD Form 214 with the entry "USARPAC 1 5 9";
b. replacing the entry in item 23a of his DD Form 214 that reads "62V2O" with the entry "26V2OB1"; and
c. replacing the entry in item 25 of his DD Form 214 that reads "Radio Set LRC, 26V2O, 8 wks, 69" with the entry "Radio Set LRC, 26V2OB1, 8 wks, 69."
__________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) AR20120023014
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120023014
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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