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ARMY | BCMR | CY2013 | 20130002616
Original file (20130002616.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  17 September 2013

		DOCKET NUMBER:  AR20130002616 


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 primary specialty was combat engineer.

2.  The applicant states he was not a plumber; he was a combat engineer.

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 13 October 1966.  He completed one-station unit training as a combat engineer pioneer at Fort Leonard Wood, Missouri, and was transferred to Vietnam on 30 March 1967.

3.  He was assigned to Company C, 864th Engineer Battalion (Construction), for duty as an engineer equipment helper and he was subsequently assigned the duties of plumber on 31 July 1967.  On 19 September 1967, orders were published by the 864th Engineer Battalion withdrawing his primary military occupational specialty (PMOS) of 12A1O (Pioneer) and awarding him PMOS 51K2O (Plumber).

4.  He departed Vietnam on 20 March 1968.  He was transferred to Fort Benning, Georgia, for duty as a plumber where he remained until he was honorably released from active duty (REFRAD) on 11 October 1968 due to the expiration of his term of service (ETS).  He completed 1 year, 11 months, and 29 days of active service.  His DD Form 214 issued at the time of his REFRAD shows his primary specialty as 51K2O.

5.  Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information that is supported by documents in official records that are in effect at the time the DD Form 214 is prepared.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his primary specialty as combat engineer instead of plumber has been noted and appears to lack merit.

2.  While the applicant was trained as a combat engineer pioneer, he was subsequently reclassified as a plumber and continued to serve as a plumber until he was honorably REFRAD.

3.  Therefore, his DD Form 214 was properly prepared to show his primary specialty as plumber at the time of his REFRAD.  The applicant has failed to show through the evidence of record and evidence submitted with his application that such was not the case.

4.  Accordingly, there appears to be no basis to grant his request to change his specialty on his DD Form 214.



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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20130002616



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ABCMR Record of Proceedings (cont)                                         AR20130002616



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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