BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130007237
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 military occupational specialty (MOS) as Artillery.
2. The applicant states his DD Form 214 erroneously lists him as a Food Service Helper. He further states the error is affecting his claim with the Department of Veterans Affairs.
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. The applicant enlisted in the Regular Army on 31 January 1962. He completed basic combat training and was subsequently assigned for advanced individual training at Fort Sill, OK. Upon completing the Field Artillery Basic Course, he attended and successfully completed Airborne School at Fort Bragg, NC.
3. On 6 August 1962, he was assigned to the Mortar Battery, 1st Airborne Brigade, 501st Infantry Regiment, Fort Campbell, KY, with duty in MOS 140.07 (Cannoneer).
4. On 17 January 1965, the applicant was released from active duty and transferred to the U.S Army Reserve. The DD Form 214 he was issued contains the entry "140.07 Food Service Helper" in Item 25a (Specialty Number and Title).
5. Army Regulation 611-201, Section II (Numerical Index of MOSs) in effect at the time stated occupational specialty 14 encompassed positions in Field Artillery Weapons. Occupational specialty 94 encompassed Food Service with MOS 940 equating to a Food Service Helper.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service upon retirement, discharge, or release from active military service or control of the Army. The version of the regulation in effect at the time stated to enter the specialty the Soldier held at the time of his release from active duty in item 25a of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The available evidence indicates that he was trained and served in MOS 140, which the regulation in effect at the time identified as Field Artillery Basic. It appears a typographical error occurred upon his release from active duty as the governing regulation clearly indicates occupational specialty 140 did not equate to a Food Service Helper as shown on his DD Form 214.
2. In view of the foregoing, the applicant's request should be granted.
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 the entry in item 25 of the applicant's DD Form 214 and replacing it with the entry "140 Field Artillery Basic."
_______ _ 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.
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