IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130003479
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 2162 (Operations and Training Staff Officer) as his military occupational specialty (MOS).
2. The applicant states:
* His DD Form 214 shows MOS 4516 (Missile Maintenance Officer)
* MOS 4516 was his MOS until he joined the 610th (Combat Support) Maintenance Battalion at Fort Lewis, Washington, and subsequently deployed to Vietnam as Battalion Operations and Training Officer
* For some unknown reason, his DD Form 214 only shows his MOS prior to his arrival at Fort Lewis and subsequent deployment to Vietnam
3. The applicant provides no additional evidence.
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. On 11 June 1961, the applicant accepted an appointment as a Reserve commissioned officer in the rank of second lieutenant. His appointment memorandum shows he was assigned to the Artillery Branch in Primary MOS 1193 (Field Artillery Unit Commander). He was ordered to active duty effective 6 July 1963, to attend the U.S. Army Ordnance School, Aberdeen Proving Ground, Maryland.
3. The applicant's DA Form 66 (Officer Qualification Record) shows he was awarded MOS 2136 (Non-Tactical Unit Officer) on 6 September 1963. He was awarded MOS 4801 (Ordnance Guided Missile Officer) on 20 March 1964. He was awarded MOS 4516 (Missile Maintenance Officer) on 22 March 1966. His DA Form 66 also shows that he performed duties in MOS 2162 from 24 June 1966 to 20 April 1967.
4. On 22 April 1967, Special Orders Number 112 were published honorably releasing the applicant from active duty (REFRAD) effective on 2 May 1967. The orders show that at the time of his REFRAD he held MOS 4516. His DD Form 214 shows 4516 as his MOS.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD, 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 separation stated, in effect, that the MOS held on the date of separation would be entered in Item 23a. (Specialty Number and Title).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. Although his DA Form 66 shows that he performed duties in MOS 2162 from 24 June 1966 to 20 April 1967, his separation orders and DA Form 66 show that at the time of his REFRAD on 2 May 1967, his MOS was 4516, which is currently reflected on his DD Form 214.
3. In accordance with applicable regulation, the MOS held on the date of separation would be entered in Item 23a on the DD Form 214.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20130003479
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ABCMR Record of Proceedings (cont) AR20130003479
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