BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016144 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 BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016144 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. BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016144 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty as 11B (Light Weapons Infantryman) instead of 63B (Wheel Vehicle Mechanic). 2. The applicant states he never received training at Fort Lewis, WA, for MOS 63B. He never held this MOS during his period of service at Fort Lewis. He was told that due to award of MOS 11B, he would be a gunner. His mother died during the last week of his advanced individual training (AIT) at Fort Lewis. He went home for her funeral and when he returned to Fort Lewis he was assigned to duties at the hospital for a few weeks and then to the transportation company in MOS 63B. He volunteered for service in Vietnam. When he arrived in Vietnam, he was told that his MOS was 11B and he was assigned as a gunner on convoys. He was medically evacuated from Vietnam in August 1971. He was unaware of the change in his MOS until reviewing his DD Form 214 in 2014. 3. The applicant provides no additional evidence. 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 17 November 1969 for a 2-year period. He successfully completed basic combat and AIT and was awarded MOS 11B. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 22 (Military Occupational Specialties) the entries: * 11B – 10 March 1970 * 64A (Light Vehicle Driver) – 22 May 1970 * 63B – 22 August 1970 * Item 27 (Military Education) – no entries 4. Unit Orders Number 39, issued by the 497th Transportation Company (Light Track), Fort Lewis, WA on 4 June 1970, promoted him to private first class and awarded him primary MOS (PMOS) 64A effective the same date. 5. Special Orders Number 199, issued by Headquarters, 15th Support Brigade, Fort Lewis, WA on 28 August 1970, promoted him to specialist four, withdrew PMOS 64A, and awarded him PMOS 63B effective 22 August 1970. 6. Item 38 (Record of Assignments) of his DA Form 20 shows he: * served as a 63B from 27 April to 17 August 1970 with the 497th Transportation Company, Fort Lewis * served as a 64A from 18 August to 10 September 1970 with the 8th Ordnance Battalion, Fort Lewis * served as a 63B from 11 September 1970 to 18 February 1971 with the 8th Ordnance Battalion, Fort Lewis * served as an 11B from 6 April to 30 August 1971 with the 497th Engineer Company, Vietnam * was in a patient status from 3 to 10 September 1971 7. He was honorably released from active duty on 10 September 1971 and was transferred to the U.S. Army Reserve (USAR) Control Group. His DD Form 214 shows he was credited with completing 1 year, 9 months, and 24 days of active service. Item 23a (Specialty Number and Title) of this form lists his MOS as 63B. 8. Letter Orders Number 10-1306272, dated 28 October 1975, honorably discharged him from the USAR effective 1 November 1975. The orders list his MOS as 63B. REFERENCES: 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 the preparation of the DD Form 214. The regulation stated the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Guidance provided for the entry of the PMOS code number and title in item 23a. DISCUSSION: The evidence of record confirms the applicant completed the required designated training for and was awarded MOS 11B in March 1970. Effective 4 June 1970, he was awarded PMOS 64A. Effective 22 August 1970, MOS 63B became his PMOS through the publication of orders when he was promoted to specialist four. At the time of his separation, he held PMOS 63B. His DD Form 214 correctly lists his primary specialty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016144 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016144 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2