IN THE CASE OF:	  

		BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20130022335 


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 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* there is no mention of military occupational specialty (MOS) 67U (medium helicopter repairer) on his DD Form 214
* in September 1979 he enlisted for MOS 67U
* his MOS was changed to 64C (motor transport operator) in 1983 which led to his decision to get out of the military
* he didn't request a change of MOS
* he was very satisfied with his job and he attended all schooling for this MOS

3.  The applicant provides his DA Form 2-1 (Personnel Qualification Record – Part II).

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 4 September 1979 for a period of 3 years.

3.  U.S. Army Transportation Center and Fort Eustis Permanent Orders 7-3, dated 21 January 1980, awarded him the Aircraft Crewman Badge for completion of formal school training.

4.  Item 6 (Military Occupational Specialties) of his DA Form 2-1 shows he was awarded primary MOS:

* 67U1O on 30 January 1980
* 64C1O on 26 September 1983  

5.  On 17 March 1986, he was discharged.

6.  Item 11 of his DD Form 214 shows the entry "(P) 64C1O MOTOR TRANSPORT OPERATOR//2 YEARS 6 MONTHS//NOTHING FOLLOWS."

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The regulation provided that for item 11, enter the titles of all MOS's or areas of concentration (AOC) served for at least 1 year and include for each MOS/AOC the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that there is no mention of MOS 67U on his DD Form 214 has merit.

2.  The entries on his DA Form 2-1 which show he was awarded primary MOS 67U1O on 30 January 1980 and that he held this MOS until he was awarded primary MOS 64C1O on 26 September 1983 (for a total of 3 years and 8 months) is accepted as sufficient evidence on which to base amending item 11 of his DD Form 214.  Therefore, item 11 of his DD Form 214 should be corrected to show MOS 67U1O.

BOARD VOTE:

___X_____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 adding the entry "67U1O MEDIUM HELICOPTER REPAIRER//3 YEARS 8 MONTHS" to item 11 of his DD Form 214.



      ______________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)                                         AR20130022335



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ABCMR Record of Proceedings (cont)                                         AR20130022335



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