BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150006161 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) to show he held a chemical staff specialist primary specialty, not power station operator. 2. The applicant states he served as a chemical staff specialist in Vietnam. He wants to protect his children who have conditions related to Agent Orange exposure through his own direct contact with the chemical in Vietnam. 3. The applicant provides his DD Form 214 and Congressional correspondence. 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 October 1967. His DD Form 4 (Enlistment Record) shows he enlisted for training in military occupational specialty (MOS) 54E (Chemical Staff Specialist). 3. He completed 12 weeks of training at the U.S. Army Chemical Center and School, Fort McClellan, AL on 29 March 1968. He was awarded MOS 54E by authority of Special Orders Number 46, issued on 6 March 1968. 4. He served in Vietnam, in MOS 54E, from on or about 6 May 1968 to on or about 6 May 1969. He was assigned to: * Headquarters and Headquarters Company, 4th Infantry Division, from 20 May to 8 November 1968 * Headquarters and Headquarters Company, 1st Battalion, 12th Infantry, from 9 November 1968 to 3 May 1969 5. He was honorably released from active duty on 16 October 1970. Item 23a of his DD Form 214 shows his primary specialty and title as "54E2O, Power Station Operator." 6. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the Soldier with documentary evidence of his/her military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. Item 23a shows the Soldier's primary MOS and title. DISCUSSION AND CONCLUSIONS: The applicant held MOS 54E throughout his military service. The title of this MOS is "Chemical Staff Specialist." It appears his DD Form 214 inadvertently listed the title as "Power Station Operator." 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 from item 23a of his DD Form 214 the entry "54E2O, Power Station Operator" and adding the entry "54E2O, Chemical Staff Specialist." _______ _ 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) AR20150006161 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006161 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1