IN THE CASE OF:
BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140012085
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 & Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 98J2H (Electronic Warfare Operator/Analyst) vice 38J2H.
2. The applicant states the MOS shown on his DD Form 214 is incorrect; he held MOS 98J2H and not 38J2H. He believes a typographical error was made.
3. The applicant provides his DD Form 214 and orders.
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 July 1964. He completed basic combat training and advanced individual training (AIT) and he was awarded MOS 93J (Countermeasures Search Specialist).
3. On 20 May 1966, he was assigned to the U.S. Army Security Agency (ASA) Training Center and School, Fort Devens, MA, in MOS 98J.
4. Special Orders (SO) Number 2, dated 4 January 1967, issued by ASA Training Center and School, awarded him MOS 98J4H.
5. The applicant provides and his record contains SO Number 120, dated 4 June 1968, issued by ASA Training Center and School, attaching him to the U. S. Army Garrison Transfer Point, Fort Devens, for separation from the service effective 25 July 1968. These orders show his MOS as 98J2H.
6. He was honorably released from active duty on 30 July 1968 and he was transferred to the U.S. Army Reserve. Item 23a of the DD Form 214 he was issued shows his MOS as 38J2H - Electronic Warfare Operator/Analyst.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms at the time of his release from active duty the applicant held MOS 98J2H. It appears an error was made during the preparation of his DD Form 214 and his MOS was entered incorrectly as 38J2H. Therefore, he is entitled to the correction of his DD Form 214 accordingly.
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 "38J2H" from item 23a of the applicant's DD Form 214 and replacing it with the entry "98J2H."
_____________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) AR20140012085
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140012085
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