IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140006412
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:
a. show in item 23a (Specialty Number and Title) military occupational specialty (MOS) 12B (Combat Engineer) instead of 62K (Grader Operator);
b. list the Noncommissioned Officer (NCO) Academy graduation in 1969 in item 25 (Education and Training Completed); and
c. remove the entry in item 30 (Remarks) showing he had 3 days of lost time for being absent without leave (AWOL) from 19 March 1970 to 21 March 1970.
2. The applicant states:
a. he served in MOS 12B as a combat engineer in Vietnam in 1970, in the 19th Engineer Combat Support Group in the Central Highlands. His duties included weapons and claymore mines and infantry patrols.
b. he graduated from the NCO academy in 1969.
c. his mother was ill and he received permission from the post commander to be gone from 19 March to 21 March 1970. The captain in charge didn't care and fined him $50.00.
3. The applicant provides copies of a certificate showing he completed the Airborne Course in September 1968 and his Honorable Discharge 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 29 January 1968. He completed training, including basic airborne, and was awarded MOS 62K.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 22 (Military Occupational Specialties) he was awarded primary MOS (PMOS) 62K2P, effective 2 August 1968;
b. item 38 (Record of Assignments) he was assigned to Company C, 19th Engineer Battalion, in Vietnam from 4 April 1970 through 29 November 1970 as a grader operator in MOS 62K2P; and
c. item 44 (Time Lost) 19 March 1970 to 21 March 1970, 3 days, AWOL.
4. A review of the applicant's records failed to reveal he was awarded any additional MOS.
5. On 23 March 1970, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for being AWOL from
19 March 1970 to 22 March 1970.
6. He was released from active duty effective 3 December 1970 as a specialist four/E-4. He had completed 2 years, 10 months, and 2 days of active service. Item 23a shows 62K2P (Grader Operator).
7. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 states in Item 23a enter the primary MOS code number, title and date of award. In Item 30 (Remarks) "If the individual lost any time prior to normal ETS as indicated in section 6, DA Form 20 (Enlisted Qualification Record), enter the total number of days lost with inclusive dates."
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence showing the applicant was awarded any MOS other that 62K2P or that he graduated from an NCO Academy. He may have worked in duty MOS 12B, but there is no evidence he was awarded that MOS.
2. His DA Form 20 shows 3 days of lost time due to AWOL. There is no evidence to show he attempted to resolve his issue with the post commander when he accepted the Article 15. This information is properly recorded on his DD Form 214.
3. In view of the above 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) AR20110003811
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140006412
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