IN THE CASE OF

		BOARD DATE:	   24 July 2014 

		DOCKET NUMBER:  AR20130020263 


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 item 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* his military occupational specialty (MOS) is wrong
* his MOS was 63B2O (wheel vehicle mechanic)
* the listed clerk typist MOS was only for a promotion slot
* he never worked at a typewriter
* he was always a mechanic working at the motor pool  

3.  The applicant provides page 3 of his DA Form 20 (Enlisted Qualification Record).  

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 enlisted in the Regular Army on 19 March 1965 for a period of 
3 years.  He completed his training and was awarded MOS 63B.

3.  His DA Form 20 shows he served in duty MOS 63B in Germany from 1965 to 1966.

4.  Orders, dated 29 July 1966, show:

* he was awarded primary MOS 71B2O and secondary MOS 63B2O
* primary MOS 63B2O was withdrawn

5.  His DA Form 20 also shows he served in duty MOS:

* 63B in Vietnam from 1966 to 1967
* 71B2O from 4 December 1967 to 18 March 1968

6.  On 18 March 1968, he was honorably released from active duty (REFRAD).

7.  Item 23a of his DD Form 214 shows the entry "71B2O Clerk Typist."

8.  Army Regulation 635-5 (Separation Documents) governed the preparation of the DD Form 214.  The regulation in effect at the time stated for item 
23a, enter the primary MOS code number and title.

DISCUSSION AND CONCLUSIONS:

1.  The governing regulation in effect at the time stated the primary MOS would be entered in item 23a of the DD Form 214.  

2.  Evidence shows his primary MOS was 71B2O at time of his REFRAD which is properly shown in item 23a of his DD Form 214.  Therefore, there is no basis for granting the requested relief.







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)                                         AR20130020263





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ABCMR Record of Proceedings (cont)                                         AR20130020263



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