IN THE CASE OF:	

		BOARD DATE:	2 October 2008  

		DOCKET NUMBER:  AR20080012199 


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 that his separation document (DD Form 214) be corrected to show his military occupational specialty (MOS) was 67N instead of 67P.

2.  The applicant states that this correction will help him with his Department of Veterans Affairs (VA) claim.

3.  The applicant does not provide any additional documents in support of his request.

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’s military records show he was inducted and entered active duty on 24 November 1965.  He was promoted to pay grade E-4 and served in Vietnam from 5 July to 16 November 1967.

3.  The applicant’s DA Form 20, Enlisted Qualification Record, Item 22, Military Occupational Specialties, shows that on 6 April 1966, the applicant was awarded (MOS) 67A, aircraft maintenance crewman.  On 10 May 1966, the applicant was awarded the secondary MOS (SMOS) of 67N, single rotor turbine helicopter mechanic.  On 19 August 1966, the applicant’s Primary (PMOS) was changed from 67A to 67S, single engine tandem rotor helicopter mechanic.  His PMOS was changed again on 30 March 1967 to 67P, light transport helicopter mechanic.

4.  Special Orders Number 281 dated 28 October 1967 show the applicant’s MOS as 67P.  Special Orders Number 283 dated 30 October 1967 show the applicant’s MOS as 67P.  

5.  The applicant was honorably released from active duty on 13 November 1967.  The DD Form 214, Item 23a, Specialty Number & Title, has MOS 67P30, light transport helicopter mechanic, entered.

6.  Letter Orders Number 11-1265791, dated 10 November 1971 show the applicant was honorably discharged from the US Army Reserve Control Group (Standby), effective 23 November 1971.  These orders show the applicant’s MOS as 67P.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant held MOS 67N, that MOS was withdrawn and replaced with MOS 67P.  This is confirmed by the applicant’s DA Form 20 and assignment/discharge orders.

2.  Since the applicant held MOS 67P at the time of his release from active duty, that MOS is properly entered in Item 23a.




3.  The Board does not correct properly constituted records for the purpose of establishing benefits from other agencies.

4.  In view of the foregoing, there is no basis for granting the applicant’s request.

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)                                         AR20080012199



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ABCMR Record of Proceedings (cont)                                         AR20080012199



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