IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130008668
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), in item 23a (Specialty Number and Title) to show military occupational specialty (MOS) 76Y8O (Armorer).
2. The applicant states his DD Form 214 reflects he served as a supply clerk, which was the MOS for which he enlisted. However, he trained and served in Vietnam in combat as an armorer in MOS "76Y8O."
3. The applicant provides page 3 of his DA Form 20 (Enlisted Qualification Record), orders, and photographs.
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 13 December 1967, he was inducted into the Army of the United States. The highest rank/grade he held was specialist four/E-4.
3. On 13 June 1968, 4th Howitzer Battalion (105mm) (T) 14th Artillery Special Orders Number 79 awarded him MOS 76Y2O.
4. His DA Form 20 shows in:
* item 22 (MOS's), he was awarded MOS 76Y2O (Supply Clerk) as his primary MOS on 19 March 1968
* item 38 (Record of Assignments), he performed duties in
* MOS 76Y2O with principal duty shown as "Supply" from 23 September to 8 November 1968
* MOS 76Y3O with principal duty as an armorer from 10 November 1968 to 24 August 1969
5. On 29 August 1969, he was honorably released from active duty. He completed 1 year, 8 months, and 17 days of creditable active service. Item 23a of his DD Form 214 shows "76Y2O Sup Clerk."
6. Army Regulation 611-201 (Enlisted Military Occupational Specialties), in effect at the time, shows the MOS title for MOS code 76Y as "Armorer/Unit Supply Specialist."
7. 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 establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation in effect at the time stated that item 23a would contain the primary MOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. Special orders awarded him MOS 76Y2O. The fact that his DA Form 20 shows he performed duties as an armorer (76Y3O) while serving in Vietnam is not an applicable factor in this case since regulatory policy prescribed that only the primary MOS code and title would be entered on the DD Form 214, as opposed to a duty position MOS code and title. His record shows he retained 76Y2O as his primary MOS throughout his tenure in the military.
2. The pertinent regulation in effect at the time shows MOS 76Y was titled "Armorer/Unit Supply Specialist." Therefore, it would be appropriate to correct item 23a of his DD Form 214 to show "76Y2O Armorer/Unit Supply Specialist."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 23a of his DD Form 214 to show "76Y2O Armorer/Unit Supply Specialist."
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of item 23a on his DD Form 214 to show "Armorer 76Y8O."
_______ _ _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) AR20130008668
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