BOARD DATE: 6 July 2017 DOCKET NUMBER: AR20160001225 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 July 2017 DOCKET NUMBER: AR20160001225 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 12 of his DD Form 214 and replacing it with the entry "HEADQUARTERS AND HEADQUARTERS COMPANY, 69TH SIGNAL BATTALION (ARMY), APO SF  96307; U.S. ARMY VIETNAM." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show military occupational specialty 31M2O (Radio Relay and Carrier Operator) and the related Dictionary of Occupational Titles. ____________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: 6 July 2017 DOCKET NUMBER: AR20160001225 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 the following entries on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * item 12 (Last Duty Assignment and Major Command) * item 23a (Specialty Number and Title) * item 23b (Related Civilian Occupation and Dictionary of Occupational Titles (DOT) Number) 2. He states he was trained as a radio operator at the U.S. Army Signal Corps School, Fort Gordon, GA, and he was awarded military occupational specialty (MOS) 31M2O (Radio Relay and Carrier Operator); he was never trained or served in MOS 71H2O (Personnel Specialist). He also states he was assigned to Headquarters and Headquarters Company (HHC), 69th Signal Battalion, and he was stationed at Camp Gaylor, Tan Son Nhut Airbase, Gia Dinh Province, South Vietnam, during his entire tour of duty. He was never assigned to the 69th Engineer Battalion. 3. The applicant provides a copy of a letter from the National Personnel Records Center and his 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 was inducted into the Army of the United States on 29 August 1966. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (MOSs – Code, Title, Date) – * Secondary MOS (SMOS) 31M2O, Radio Relay and Carrier Operator, 10 February [1967] (the entry is lined-through (deleted) * Primary MOS (PMOS) 71B3O, Clerk Typist, 16 October 1967 * item 27 (Military Education – Title of Course, MOS Code, School, Year) – Radio Relay and Carrier Operator, 31M2O, Signal Center, 1967 * item 31 (Foreign Service) – Vietnam from 5 March 1967 through 2 June 1968 (extended 3 months to his expiration term of service date) * item 38 (Record of Assignments) – * duty MOS (DMOS) 11B2O, Security Guard, HHC, 69th Signal Battalion (Army), from 11 March through 9 June 1967 * DMOS 70A1O, Post Exchange Clerk, HHC, 69th Signal Battalion (Army), from 10 June 1967 through 11 May 1968 * DMOS 71H2O, Personnel Records Specialist, HHC, 69th Signal Battalion (Army), from 12 May through 28 May 1968 4. Headquarters, U.S. Army School/Training Center, Fort Gordon, GA, Special Orders (SO) Number 276, dated 28 October 1966, reassigned the applicant to the U.S. Army Southeastern Signal School on 5 November 1966 for training in MOS 31M2O. 5. HHC, 69th Signal Battalion (Army), Unit Orders Number 136, dated 11 October 1967, appointed the applicant to the temporary grade of specialist four/E-4 in MOS 71B3O (Clerk Typist). 6. Special orders (SO) issued by Headquarters, 69th Signal Battalion (Army), pertaining to the applicant show: * SO Number 271, dated 16 October 1967, withdrew PMOS 31M2O and awarded him PMOS 71B3O and SMOS 31M2O * SO Number 115, dated 12 May 1968, withdrew PMOS 71B3O and awarded him PMOS 71H2O and SMOS 71D3O (Legal Clerk) * SO Number 99, dated 23 April 1968, released him from HHC, 69th Signal Battalion (Army), effective 1 June 1968, and assigned him to U.S. Army Vietnam (USARV) Returnee Detachment for transfer to the U.S. Army Transfer Station, Oakland, CA 7. Headquarters, U.S. Army Personnel Center, Oakland, CA, SO Number 154, dated 2 June 1968, released the applicant from active duty effective 2 June 1968. These orders show the applicant's PMOS as 71H2O and his last permanent duty station as HHC, 69th Signal Battalion (Army). 8. The applicant's DD Form 214 shows he entered active duty on 29 August 1966, was honorably released from active duty (REFRAD) on 2 June 1968, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve service obligation. He completed 1 year, 9 months, and 4 days of net active service during this period that included 1 year, 2 months, and 28 days of foreign service. It also shows in: * item 12 – "HHC, 69TH ENGINEER BATTALION APO SF  96307 USARV" * item 23a – "71H2O PERSONNEL SPECIALIST" * item 23b – "205.368 PERSONNEL CLERK" * item 25 (Education and Training Completed) – SIGNAL CORPS, RADIO RELAY AND CARRIER OPERATOR, 12 WEEKS, 1967 REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for: a. item 12, for personnel reassigned on orders to a transfer activity prior to separation, enter the losing unit of assignment as shown in the standard name line and the title of the major command or agency having jurisdiction over the losing unit of assignment reassigning the individual to the transfer activity; and b. items 23a and 23b, enter the primary MOS code and title; if the specialty represented by the MOS has a related civilian occupation, enter the appropriate job title and code number from the DOT in item 23b. DISCUSSION: 1. The applicant contends the MOS code and title, the related civilian occupation and DOT number, and the last unit of assignment recorded on his DD Form 214 should be corrected. 2. The evidence of record shows the applicant completed training and was awarded PMOS 31M2O on 10 February 1967. a. On 16 October 1967, PMOS 31M2O was withdrawn and he was awarded PMOS 71B3O and SMOS 31M2O. b. On 12 May 1968, PMOS 71B3O was withdrawn and he was awarded PMOS 71H2O and SMOS 71D3O. c. He was REFRAD effective 2 June 1968. d. Items 23a and 23b of his DD Form 214 show his correct PMOS code and title, and the corresponding civilian occupation title and number. 3. The evidence of record shows he was assigned to HHC, 69th Signal Battalion (Army), USARV, from 11 March 1967 through the date prior to his REFRAD. a. Item 12 of his DD Form 214 shows his last unit of assignment as "HHC 69TH ENGR BN [ENGINEER BATTALION]." b. It appears that an administrative error occurred during his separation processing on 2 June 1968, resulting in the incorrect listing of his last unit of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001225 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001225 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2