IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120001114 


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) be corrected to show his military occupational specialty (MOS) title was that of a “Textile Foreman.”

2.  The applicant states when he was promoted and awarded "MOS 43J4O" his MOS title changed from textile repairman to textile foreman.  However, his 
DD Form 214 still reflects that he was a textile repairman.

3.  The applicant provides a list of Vietnam era MOSs and a copy of his previous Board proceedings.

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 records show he was inducted into the Army of the United States on 6 October 1966 and he completed his training in MOS 43J1O (Textile Repairman).  

3.  He was transferred to Vietnam on 29 June 1967 and promoted to the rank of sergeant in MOS 43J4O (Textile Foreman) on 30 April 1968.  He departed Vietnam on 8 July 1968 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on 9 July 1968 as an overseas returnee.  He had served 1 year, 9 months, and 3 days of active service.

4.  The DD Form 214 he was issued at the time of REFRAD shows in block 23a that his specialty number and title were "43J2O Textile Repairman."  His 
DD Form 214 was subsequently corrected by this Board to show his specialty number was "43J4O."

5.  Army Regulation 611-201 (Personnel Selection and Classification), in effect at the time, provides that the duty title for MOS 43J at skill levels one (1) through three (3) is that of a textile repairman.  The duty title for MOS 43J at skill level four (4) is that of a textile foreman.  Under today’s standards MOS 43J has changed to MOS 43M (Fabric Repair Specialist).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 does not reflect his correct specialty title in block 23a has been noted and appears to have merit.

2.  The applicant’s correct specialty number was "43J4O" and the correct title for that MOS was "Textile Foreman."   

3.  Accordingly, his DD Form 214 should be corrected to reflect his correct specialty title.

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 all Department of the Army records of the individual concerned be corrected by deleting the entry “Textile REP” from block 23a and adding the entry “Textile Foreman.” 




      _______ _  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)                                         AR20120001114



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ABCMR Record of Proceedings (cont)                                         AR20120001114



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