BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160001227 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: 24 August 2017 DOCKET NUMBER: AR20160001227 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 adding to item 23a of his DD Form 214 the entry "16K20 22 Sep 71 Fire Distribution System Crewman." 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 any relief in excess of that described above. ___________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: 24 August 2017 DOCKET NUMBER: AR20160001227 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: a. secondary military occupational specialty (SMOS) 16K (fire distribution system crewman) and b. various duty assignments. 2. The applicant states his SMOS 16K and other duty assignments (battalion duty driver, Top Secret security clearance, and Blue Team Member) are not noted on his DD Form 214. He needs these items on his DD Form 214 for medical reasons. 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 8 January 1971 for a period of 2 years. 3. Headquarters, 1st Advanced Individual Training Brigade (Air Defense), Special Orders Number 86, dated 4 May 1971, awarded him primary MOS (PMOS) 16J (defense acquisition radar crewman) effective 7 May 1971. 4. Headquarters, 2d Battalion, 56th Artillery Regiment, Special Orders Number 183, dated 22 September 1971, awarded him SMOS 16K effective 22 September 1971. 5. His records contain a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 25 October 1972, showing the highest classification of information to which access is authorized is Top Secret. 6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows his principal duty assignments as follows: * 9 June 1971-23 May 1972 – fire distribution operator – Headquarters Battery, 2d Battalion, 56th Air Defense Artillery Regiment, U.S. Army Europe * 24 May 1972-28 December 1972 – senior radar operator – Headquarters Battery, 2d Battalion, 56th Air Defense Artillery Regiment, U.S. Army Europe-Germany 7. On 3 January 1973, he was honorably released from active duty. 8. Item 23a (Specialty Number and Title) of his DD Form 214 shows PMOS 16J. 9. There is no evidence in the available records showing the applicant was assigned as the battalion duty driver or a Blue Team Member. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The instructions for item 23a stated to enter the PMOS code number and title. There is no provision to enter additional duties on the DD Form 214. DISCUSSION: 1. The evidence of record shows the applicant was awarded: * PMOS 16J effective 7 May 1971 * SMOS 16k effective 22 September 1971 2. The governing regulation in effect at the time stated the PMOS would be entered in item 23a of the DD Form 214. 3. Item 23a of his DD Form 214 properly shows his PMOS as 16J at the time of his release from active duty. 4. His request to show his additional duty assignments on his DD Form 214 was noted. However, there is no provision to show additional duties on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001227 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001227 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2