IN THE CASE OF:
BOARD DATE: 22 January 2014
DOCKET NUMBER: AR20140007624
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 item 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 9666 Intelligence Research Officer instead of 9300 Military Intelligence Officer.
2. The applicant states he worked hard to obtain the 9666 specialty and it cost him an extra year of service. He wants his DD Form 214 corrected for posterity.
3. The applicant provides:
* U.S. Army Intelligence School Certificate
* U.S. Army Intelligence School Program for Class 70-VA-3 and
Class 70-H-8, dated 10 July 1970
* DD Form 214
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. Having prior honorable enlisted service in the Regular Army, the applicant was appointed as a Reserve commissioned officer in the Military Intelligence Branch in the rank of second lieutenant in specialty 9300 on 21 March 1969 and entered active duty.
3. Item 9 (Military Occupational Specialties) of his DA Form 66 (Officer Qualification Record) shows:
* 9300 (primary) Military Intelligence Officer 21 March 1969
* 2136 Non-Tactical Unit Officer 4 October 1969
* 9666 Intelligence Research Officer 10 July 1970
4. On 21 March 1970, the applicant was promoted to the grade of first lieutenant in specialty 9300.
5. His DA Form 1059 (Academic Report), dated 1 July 1970, shows he completed the Intelligence Research Officer/Technician Course (70-H-8) from 30 March 1970 to 14 July 1970.
6. Headquarters, William Beaumont General Hospital, Special Orders Number 246, dated 1 December 1970, reassigned him to the Medical Holding Company effective 6 November 1970. These orders show his specialty as 9666.
7. Item 12 (Appointments) of his DA Form 66 shows he was appointed to the grade of captain in the Army of the United States effective 21 March 1971 with a date of rank of 21 March 1971.
8. Headquarters, U.S. Army Personnel Center, memorandum, dated 12 January 1972, subject: Promotion as a Reserve Commissioned Officer of the Army under Title 10 of the U.S. Code, announced his promotion to the grade of captain as a Reserve commissioned officer in the Military Intelligence Branch effective 17 January 1972.
9. On 16 January 1972, the applicant was honorably released from active duty. Item 23a of his DD Form 214 shows the entry: "9300 Mil Intel Off."
10. Army Regulation 635-5 (Separation Documents), in effect at the time, stated to enter the primary specialty code number and title in item 23a of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his specialty as 9666 Military Research Officer was carefully considered.
2. Although the applicant was awarded specialty 9666 effective 10 July 1970, his records show this was not his primary specialty. His primary specialty is recorded as 9300 Military Intelligence Officer. The regulation governing preparation of the DD Form 214 stated to enter the primary specialty in item 23a.
3. In view of the above information, there is an insufficient evidentiary basis for granting the requested relief.
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 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) AR20140007624
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ABCMR Record of Proceedings (cont) AR20140007624
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