IN THE CASE OF:	  

		BOARD DATE:	        9 April 2009

		DOCKET NUMBER:  AR20080012939 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 January 1968 be corrected to show he was awarded military occupational specialty (MOS) 12B (Combat Engineer).

2.  The applicant states, in effect, that his MOS on his DD Form 214 incorrectly shows MOS 12A (Pioneer).

3.  The applicant provides:

	a.  Headquarters, U.S. Army Training Center Infantry and Fort Ord, Special Orders Number 147, dated 27 May 1966;

	b.  Headquarters, Fort Lewis, Special Orders Number 287, dated 31 October 1967;

	c.  Headquarters, U.S. Army Personnel Center, Oakland, CA, Special Orders Number 313, dated 9 November 1967;

	e.  Headquarters, U.S. Army Training Center Infantry and Fort Lewis, Special Orders Number 4, dated 4 January 1968; and 

	f.  U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 01-1003403, dated 5 January 1972.

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 was inducted into the Army of the United States on 20 January 1966 and successfully completed basic training and advanced individual training. He was awarded MOS 11C (Indirect Fire Infantryman).

3.  Headquarters, 9th Infantry Division Special Orders Number 156, dated 22 August 1966, show that the applicant's MOS 11C1O was withdrawn and he was awarded MOS 12A1O.

4.  Company C, 15th Engineer Battalion, Unit Order Number 17, dated 10 September 1966, shows that the applicant was advanced to the rank and grade of private first class (PFC)/E-3, MOS 12A1O.

5.  Company C, 15th Engineer Battalion, Unit Order Number 2, dated 7 January 1967, shows that the applicant was promoted to the rank and grade of specialist four (SP4)/E-4 in MOS 12B2O effective 7 January 1967.

6.  On 19 January 1968, the applicant was honorably released from active duty in the rank of SP4 after completing 2 years of creditable active service with no time lost.  Item 23a (Specialty Number and Title) of his DD Form 214 shows the entry "12 A 1O PIONEER."

7.  Army Regulation 611-201 (Manual of Enlisted Military Occupational Specialties), in effect at that time, provided guidance concerning skill levels that were authorized for use with MOSs.  It stated that the MOS code consists of five basic characters.  The fourth character is a number which indicates the skill level within the MOS.  The chart for Career Group 12 (Combat Engineering) shows for MOS 12A (Pioneer) the highest skill level was "1" at the rank of E-3.  At skill level "2," MOS 12A automatically converted to MOS 12B (Combat Engineer) or MOS 12C (Bridge Specialist) and its highest rank for that skill level was capped off at the rank of E-4.

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 214 for the ending period 14 November 1997 shows MOS 12A1O.  The evidence of record shows he was promoted to the rank of SP4 in MOS 12B2O effective 7 January 1967.  In accordance with Army Regulation 611-201, when the applicant was promoted from E-3 to E-4 his MOS and skill level automatically converted from 12A1O to 12B2O.  Therefore, item 23a of his DD Form 214 should be corrected to show his MOS as 12B2O.

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 item 23a of the applicant's DD Form 214 be corrected to show MOS 12B2O, Combat Engineer.


																XXX
      _________________________
                 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)                                         AR20080018819



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ABCMR Record of Proceedings (cont)                                         AR20080012939



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