IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140009298
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he switched from military occupational specialty (MOS) 36A1O (Wireman) to MOS 13E4O (Reconnaissance Sergeant).
2. The applicant states this information should be shown in his personnel records.
3. The applicant provides no additional evidence.
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 available evidence shows the applicant enlisted in the Regular Army on 24 September 1963. He completed basic training and advanced individual training and he was awarded MOS 140 (Field Artillery Basic). MOS 140.00 was withdrawn and he was awarded MOS P310.00 (Senior Wireman).
3. His DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 36A (Wireman) on 16 July 1964.
4. The above form also shows the applicant arrived in Vietnam on 16 August 1965 and he was assigned the duties of a reconnaissance sergeant on
16 September 1965; however, this annotation is hand written over what appears to have been field wireman. He departed Vietnam en-route to the United States on 30 July 1966.
5. The applicant was honorably released from active duty on 31 July 1966. Item 25a (Primary Specialty and Title) on his DD Form 214 shows "36A1O Wireman" as his MOS.
6. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents to be prepared for Soldiers on retirement, discharge, REFRAD, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant's separation stated, in effect, that the MOS held on the date of separation would be entered in item 25a.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. Although his DA Form 20 shows he performed the duties of a reconnaissance sergeant while he was in Vietnam, it appears that at the time of his REFRAD, on 31 July 1966, he held MOS "36A1O" which is currently reflected on his DD Form 214.
3. In accordance with applicable regulation, the MOS held on the date of separation would be entered in item 25a on the DD Form 214.
4. In view of the foregoing, 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) AR20140009298
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ABCMR Record of Proceedings (cont) AR20140009298
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