IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150011915 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150011915 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20150011915 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as military police (MP) when he was with the 54th MP Company and the 298th MP Company at Fort Ord, California. He also requests correction of his DD Form 214 to show a special forces MOS. 2. The applicant states his current record is not a true and entire record of his military history. 3. The applicant provides a letter from San Bernardino County Veterans Affairs, dated 29 June 2015. 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 was inducted into the Army of the United States on 6 December 1966. He completed training and on 4 April 1967, Special Orders Number 94 were published awarding him primary military occupational specialty (PMOS) 64A1O (Light Vehicle Driver). 3. His DA Form 20 (Enlisted Qualification Record) shows that on 17 November 1967, he was assigned to the 298th MP Company, Fort Ord, California, and his principle duty was MP (MOS 95B1O). 4. He was assigned to the 54th MP Company, Fort Ord, California, on 11 December 1966 and his principle duty was MP. 5. The applicant departed Fort Ord, California, enroute to Vietnam on 27 February 1968. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 5th Infantry Division and his principle duty MOS was Duty Soldier (57A1O). 6. On 24 November 1968, the applicant departed Vietnam enroute to the United States. He was released from active duty (REFRAD) as an overseas returnee on 25 November 1968. Item 23a (Specialty Number and Title) on his DD Form 214 shows "64A1O Truck Driver" as his MOS. 7. A review of the available records fail to show that PMOS 64A1O was withdrawn from the applicant or that he was ever awarded PMOS 95B1O. Further review of his records fails to show that he was ever awarded a special forces MOS. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant's separation stated that the PMOS held on the date of separation would be entered in Item 23a. DISCUSSION: 1. Although the applicant performed MP duties while he was at Fort Ord, California, he completed training and was awarded MOS 64A1O in April 1967. 2. There is no evidence in the available record, nor has the applicant provided any evidence showing that his 64A1O PMOS was withdrawn and that he was awarded PMOS 95B1O. There is also no evidence in his record showing that he was ever awarded a special forces MOS. According to the applicable regulation, the MOS held on the date of separation would be entered in Item 23a. 3. His DD Form 214 shows the PMOS that he held while he was in the Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011915 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011915 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2