BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009506 BOARD VOTE: ___x______ __x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009506 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 deleting the entry "05B45" from items 23a and item 25 of his DD Form 214 and replacing them with the entry "05B4S." ____________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. BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009506 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 items 23a (Specialty Number and Title) and 25 (Education and Training Completed) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states, in effect: a. His military occupational specialty (MOS) should be 05B4S (radio operator – special forces support personnel), not 05B45 in items 23a and 25 of his DD Form 214. The fifth character of his MOS "S" stands for special forces. b. He was placed under protective custody during his separation and things happened so fast this error was overlooked. Eight months after his discharge he was ordered back to Okinawa and was an essential prosecution witness at a military court-martial. It was an extremely difficult way to end his brief career. c. He mailed an application to St. Louis in 2015, but it was returned to him. 3. The applicant provides: * an envelope addressed to the Army Review Boards Agency Support Division postmarked 5 May 2015 * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), dated 12 March 2015 * DD Form 214 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 complete military records are not available for review. 3. His DD Form 214 shows he enlisted in the Regular Army on 16 July 1969 for a period of 3 years. 4. Headquarters, U.S. Army Personnel Center, Oakland, California, Special Orders Number 13, dated 13 January 1972, show he was discharged on 13 January 1972. His MOS is shown as 05B4S. 5. His DD Form 214 shows in: * item 23a – "05B45 7AUG70 RADIO OPERATOR" * item 25 – "RADIO OPERATOR 05B45 USASFTG [U.S. Army Special Forces Training Group] 23 70" REFERENCES: 1. 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 instructions for item 23a stated to enter the primary MOS code number and title. 2. Army Regulation 614-200 (Enlisted Assignments and Utilization Management), currently in effect, states the special qualification identifier is the fifth character of the MOS code and special qualification identifier S stands for special operations support personnel. DISCUSSION: The applicant contends his MOS was 05B4S and his discharge orders support this contention. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009506 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2