IN THE CASE OF:  	  

		BOARD DATE:  14 April 2015	  

		DOCKET NUMBER:  AR20140015592 


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:

	a.  His DD Form 214 (Report of Separation from Active Duty) for the period ending 1 October 1975 be corrected to show he held four military occupational specialties (MOS's) during his period of active service.  

	b.  Alternatively, if it is not possible to show the four MOS's, he requests his primary MOS be shown as 55D4H (Explosive Ordnance Disposal (EOD) Specialist, skill level 4, special qualification identifier (SQI) H for instructor) and his secondary MOS as 11B4S (Light Weapons Infantryman, skill level 4, SQI S for Special Forces).

2.  The applicant states, in effect:

* during his 11 years of service he held four different MOS's
* upon his discharge in 1975, his DD Form 214 was completed by an inexperienced civilian
* his DD Form 214 correctly shows his primary MOS of 55D, but incorrectly had his secondary MOS as 45J (Aircraft Armament Repairman); based upon his 4 years of service in Vietnam his secondary MOS should have been 11B4S 
* the four MOS's he held were 55D4H, 11B4S, 45M4H (Aircraft Armament Subsystem Mechanic, skill level 4, SQI H), and 45J4H

3.  The applicant provides his DD Form 214 for the period ending 2 October 1975.

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 August 1964.  After completing initial training, he was awarded MOS 11B.  The highest rank/grade held was staff sergeant/E-6.  His records show he was awarded two other MOS's besides 11B during his period of active service: 45J and 55D.  There is no record showing he was awarded MOS 45M.

3.  He was honorably discharged on 1 October 1975.  His DD Form 214 shows in item 16a (Primary Specialty Number and Title), 55D4O, EOD Specialist, evaluation score (ES) 108, November 1974.  Item 17a (Secondary Specialty Number and Title) lists 45J4O, Aircraft Armament Repairman, ES 94, November 1973.  His DD Form 214 also shows his total active service as 11 years and 21 days.  This DD Form 214 was amended by a DD Form 215 (Correction to DD Form 214) to reflect the addition of the Army Commendation Medal with V Device (2nd Award).

4.  His DA Form 20 (Enlisted Qualification Record) contains the following:

	a.  Item 22 (MOS) shows:

* Additional MOS 11B4O, effective date 15 January 1965, date of evaluation November 1970, score 128
* Secondary MOS 45J4O, effective date 21 February 1969, date of evaluation November 1973, score 94
* Primary MOS 55D4O, effective date 20 April 1973, date of evaluation November 1973, score 92
	
	b.  Item 38 (Record of Assignments) shows:

* assignments as an 11B1O, then 11B2O, from on or about 6 April 1965 to on or about 9 January 1967
* assignments as an 11B2F (Gunner) from on or about 10 January 1967 to on or about 30 January 1968
* assignment as a 51M (Crash Research Specialist) from on or about 31 January 1968 to on or about 13 April 1969
* assignments as a 45J from on or about 14 April 1969 to on or about 23 October 1969
* assignments as a 45J4H from on or about 6 January 1970 to on or about 25 October 1972
* assignments as a 55D from on or about 27 April 1973 (following EOD school) to on or about 1 February 1974

	c.  His DA Form 20 is void of any entry showing an SQI of S.

5.  His DA Form 2-1 (Personnel Qualification Record - Part II) contains the following information:

	a.  Item 6 (MOS) shows the same MOS's and effective dates as were listed in item 22 of his DA Form 20.

	b.  Item 35 (Record of Assignments) shows assignments in MOS 55D from on or about 1 February 1974 to on or about 1 October 1975.

6.  Special Orders (SO) Number 50, dated 22 February 1969, issued by Headquarters, 13th Aviation Battalion, show the applicant was awarded 45J2O as his primary MOS effective 21 February 1969.

7.  SO Number 80, dated 20 April 1973, issued by U.S. Army Missile and Munitions Center and School, show the applicant as being awarded the primary MOS of 55D4O, secondary MOS 45J4H, and additional MOS 11B4O.

8.  His records are void of any orders showing the award of SQI S, and the SQI of H is only associated with MOS 45J.  

9.  His records contain the following documents related to MOS qualification:

* MOS Evaluation Data Report, dated 18 February 1971, evaluation period November 1970, shows an MOS ES of 128 for MOS 11B2O
* Enlisted Evaluation Data Report, dated 24 February 1974, evaluation period November 1973, shows an MOS ES of 94 for MOS 45J4H 
* Enlisted Evaluation Data Report, dated 13 February 1975, evaluation period November 1974, shows an MOS ES of 108 for MOS 55D4O

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policy and procedures for the completion of DD Form 214.  It stated, in pertinent part:

	a.  In item 16a enter the MOS code, title, and date of award (emphasis added).  For enlisted personnel, enter the primary MOS evaluation score and date of score.

	b.  In item 17a enter the MOS code, title, and date of award.  Evaluation score is not required to be shown.

11.  Army 611-201 (Personnel Selection and Classification - Enlisted Career Management Fields and MOS), in effect at the time, details how to read an MOS.  It states the first three characters identify the MOS.  The fourth character is a number which indicates skill level.  Skill levels are listed 1 through 5, and reflect the following:

* skill level 1 identifies a helper or entry-level position
* skill level 2  is for positions requiring performance of difficult tasks under general supervision
* skill level 3 indicates positions requiring the performance of tasks significantly different from skill level 2 and needing only minimal supervision
* skill level 4 identifies a first-level supervisor
* skill level 5 designates higher level managerial-type supervisory positions

12.  Army Regulation 600-200 (Personnel General - Enlisted Personnel Management System), in effect at the time, described SQI as being in the fifth position of the either the primary or secondary MOS codes and that it identified special skills.  The codes and their order of precedence were:

* S - Special Forces
* V - Ranger - Parachutist
* P - Parachutist
* M - First Sergeant
* X - Drill Sergeant
* G - Ranger
* K - Noncommissioned officer Logistics Program
* Y - Pathfinder


* H - Instructor
* L - Linguist

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded four MOS's during his term of active service and requests all four be shown on his DD Form 214.  Alternatively, he asks his primary MOS be reflected as 55D4H and his secondary MOS as 11B4S.

2.  A review of his records shows, at the time he was awarded MOS 55D4O as his primary MOS, he was also shown as having 45J4H as his secondary MOS, and 11B4O as an additional MOS.  There is no evidence, nor does the applicant offer documentary proof, that he was awarded MOS 45M or the SQI S.  Additionally, the SQI of H is only associated with MOS 45J.

3.  The evidence shows that the only error in regard to his MOS's listed on his DD Form 214 is the absence of the time of award.  Therefore, based upon the foregoing, it would be appropriate to amend his DD Form 214 for the period ending 1 October 1975 by:

	a.  adding the date of award of 20 April 1973 to the current entry in item 16a;

	b.  amending item 17a, to show 45J4H, Aircraft Armament Repairman, as of 21 February 1969, with an ES of 94 effective November 1973; and 

	c.  adding to item 27 (Remarks), additional MOS as 11B4O, Light Weapons Infantryman, as of 15 January 1965, with an ES of 128 effective November 1970.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 his DD Form 214 for the period ending 1 October 1975 by:

	a.  adding the date of award of 20 April 1973 to the current entry in item 16a;

	b.  amending item 17a to show 45J4H, Aircraft Armament Repairman, as of 21 February 1969, with an ES of 94 effective November 1973; and 

	c.  adding an entry to item 27 showing an additional MOS of 11B4O, Light Weapons Infantryman, as of 15 January 1965, with an ES of 128 effective November 1970.

2.  The Board further determined that 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 adding MOS 45M and the SQI of S for MOS 11B to his DD Form 214 for the period ending 1 October 1975.  




      ___________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)                                         AR20140015592



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ABCMR Record of Proceedings (cont)                                         AR20140015592



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