.
		IN THE CASE OF:  

		BOARD DATE:  12 November 2014	  

		DOCKET NUMBER:  AR20140004992 


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 correct military occupational specialty (MOS) and mailing address after separation.

2.  The applicant states that he attended advanced individual training (AIT) for MOS 11E (Armor Crewman) at Fort Knox, KY.  

   a.  He successfully completed the training, was awarded MOS 11E, and was assigned to an armor unit before deploying to Vietnam.

   b.  He was assigned to the 101st Airborne Division (Airmobile) in Vietnam and, upon arrival at his unit, he was assigned duties as a clerk typist (MOS 71B).  He was not trained to be a clerk typist; he was trained as an armor crewman.  He performed duties in MOS 11E on five fire bases (i.e., Birmingham, Bastogne, Veghel, Rifle, and Eagle's Nest).  Item 23a (Specialty Number and Title) and item 23b (Related Civilian Occupation and Number) of his DD Form 214 should be corrected.

   c.  He was born in Texas; his home of record (HOR) is XXX Hubbard Street, Longview, TX.  Item 31 (Permanent Address for Mailing Purposes After Transfer or Discharge) of his DD Form 214 should show his HOR.

3.  The applicant provides copies his DD Form 214 and birth certificate.


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 3 June 1968, for a period of 
3 years, with an enlistment option for training in Army Career Group 11 (Armor) and airborne training.

3.  On 7 October 1968, he waived his enlistment commitment for airborne training.

4.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 22 (MOS) –

* Primary MOS (PMOS) 11E2O, Armor Crewman, 18 October 1968 (this entry is lined-thru/deleted)
* PMOS 71B3O, Clerk Typist, 30 January 1969

* item 31 (Foreign Service) – he served in Vietnam from 7 September 1969 through 6 September 1970
* item 38 (Record of Assignments) – he served with:

* Company A, 2nd Battalion, 1st Brigade (AIT) while at Fort Knox, KY, in Duty MOS (DMOS) 11E1O, from 26 August 1968 through 18 October 1968
* Headquarters and Headquarters Troop (HHT), 3rd Squadron, 
6th Armored Cavalry Regiment (ACR), Fort George G. Meade, MD (FGGM), in DMOS –

* 12F2O (Armor Vehicle Driver) from 3 November 1968 through 24 January 1969
* 71H2O (Troop Clerk) from 25 January 1969 through 30 June 1969
* 11B2Q (Redeye Gunner) from 1 July 1969 through 15 July 1969

* Headquarters and Headquarters Company (HHC), 2nd Battalion (Airmobile), 502nd Infantry Regiment, in DMOS 71B3O (Clerk Typist), from 23 September 1969 through 5 September 1970

* item 48 (Date of Audit), he reviewed the information on 12 September 1969

5.  Unit Orders (UO) issued by HHT, 3rd Squadron, 6th ACR, FGGM, and that pertain to the applicant, show the following –

* UO Number 8, dated 30 January 1969, promoted him to specialist four (SP4)/pay grade E-4, in PMOS 11E2O, effective 30 January 1969
* UO Number 43, dated 16 July 1969, amended UO Number 8 to read he was promoted to SP4 (E-4), in PMOS 71B3O, effective 30 January 1969

6.  Special Orders (SO) issued by Headquarters, 3rd Squadron, 6th ACR, FGGM, pertaining to the applicant, show the following –

* SO Number 104, dated 13 May 1969, awarded him PMOS 11E2O and withdrew PMOS 11E1O, effective 30 January 1969
* SO Number 112, dated 22 May 1969, amended SO Number 104 to read he was awarded PMOS 71B3O
* SO Number 153, dated 10 July 1969, assigned him overseas to the RVN (in PMOS 11E2O), effective 29 August 1969
* SO Number 161, dated 31 July 1969, amended SO Number 153 to read PMOS 71B3O (vice PMOS 11E2O)

7.  Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 111, dated 21 April 1970, promoted him to the rank/grade of specialist five (SP5)/ E-5, in PMOS 71B2O, effective 11 April 1970.

8.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, SO Number 129, dated 11 May 1971, released him from active duty (REFRAD), effective       2 June 1971.  The orders show he held PMOS 71B3O.

9.  His DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214) issued on 4 October 1991, shows he was honorably REFRAD on 2 June 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 3 years of net active service during this period.  It also shows in –
* item 21 (HOR):  XXX Hubbard Street, Longview, TX
* item 23a:  71B3O, Clerk Typist
* item 23b:  209.388, Clerk Typist
* item 31 (as corrected by the DD Form 215):  XXX Hubbard Street, Longview, TX  75601

10.  In view of the above, the applicant's request for correction of his permanent address for mailing purposes after transfer or discharge will not be discussed further in this Record of Proceedings.  A copy of the DD Form 215 will be provided to him.

11.  A review of his military personnel records failed to reveal any orders or other evidence that shows he was awarded MOS 11E subsequent to 30 January 1969.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  

   a.  This purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions show for item 23, enter PMOS code number and title.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he held MOS 11E.
 
2.  Records show he completed training in MOS 11E on 18 October 1968 and was awarded PMOS 11E2O.  Records also show his PMOS of 11E2O was withdrawn on 30 January 1969 and he was awarded PMOS 71B3O effective     30 January 1969.

3.  There is no evidence of record that shows he was awarded MOS 11E subsequent to 30 January 1969.
4.  The evidence of record shows he held PMOS 71B throughout the remaining period of his active duty service (i.e., from 30 January 1969) and that he held PMOS 71B3O when he was REFRAD on 2 June 1971.

5.  Therefore, in view of all of the foregoing, there is no basis for correcting the entry in item 23a or item 23b of his DD Form 214.

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)                                         AR20140004992



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ABCMR Record of Proceedings (cont)                                         AR20140004992



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