IN THE CASE OF: BOARD DATE: 19 October 2011 DOCKET NUMBER: AR20110006540 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 13A1O. 2. The applicant states his job was to provide ammunition to the firing battery. 3. The applicant provides: * his DD Form 214 * a statement 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 for 2 years on 8 December 1965. He served honorably until released from active duty on 20 November 1967. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he received Basic Combat Training (BCT) at Fort Ord, CA and Advanced Individual Training (AIT) at Fort Sill, OK. He completed AIT on or about 28 March 1966 and was awarded MOS 13A1O (Field Artillery Basic). 4. The applicant's DA Form 20 shows he was transferred to Germany where he served as a radio operator and ammunition handler with 2nd Battalion, 14th Field Artillery. It also shows his primary MOS was changed to 63C2O (General Vehicle Repairman) on 8 August 1967, and he was promoted to specialist four (SP4/E-4) on the same date. 5. The applicant's DD Form 214 shows his MOS as 63C2O. 6. Army Regulation 635-5 (Separation Documents), then in effect, provided that the primary MOS would be entered in item 23a. DISCUSSION AND CONCLUSIONS: 1. The applicant wants his MOS corrected on his DD Form 214. 2. The applicant was school-trained in MOS 13A1O and he worked in that MOS throughout his military service. However, he was awarded MOS 63C2O on 8 August 1967, the same date he was promoted to SP4. 3. It appears the applicant's chain of command changed his primary MOS in order to promote him from private first class (PFC/E-3) to SP4. Since the promotion went through, the MOS change must stand. 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) AR20110006540 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110006540 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1