IN THE CASE OF: BOARD DATE: 4 November 2008 DOCKET NUMBER: AR20080013982 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 that item 11 (Primary Specialty Number, Title and Years and Months in Specialty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show military occupational specialty (MOS) 54B (chemical operations specialist). 2. The applicant states, in effect, that he attended the U.S. Army Chemical School at Fort McClellan for MOS 54C (smoke operations specialist) after basic training in 1986, which was later redesignated MOS 54B upon completion of the required training. 3. The applicant provides a certificate of training for MOS 54B; a DA Form 2166-7 (NCO Evaluation Report) for the period from June 1989 to October 1989; and a DA Form 1059 (Service School Academic Evaluation Report) in support of his application. 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. Having prior service, the applicant enlisted in the Regular Army on 16 July 1986. His enlistment contract shows he enlisted for MOS 54C1O. His DD Form 214 shows that he completed the 7-week smoke operations course in 1986. 3. The applicant provided a certificate of training which shows he completed the 80-hour 54B MOS Transition Training Course during the period 17 to 28 October 1988. 4. Orders, dated 25 May 1989, show the applicant was promoted to sergeant in primary MOS 54B2O effective 1 June 1989. 5. On 10 October 1989, the applicant was honorably discharged. 6. Item 11 on the applicant's DD Form 214 for the period ending 10 October 1989 shows his primary MOS was 63Y2O0000 (track vehicle mechanic). 7. There is no evidence of record which shows the applicant was awarded MOS 63Y. 8. Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, stated that MOS 54C was redesignated MOS 54B in October 1986. 9. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation, in effect at the time, provided in pertinent part, that MOS codes, titles, years, and months would be entered in item 11. DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant enlisted for MOS 54C which was later redesignated MOS 54B. Evidence of record also shows he was awarded primary MOS 54B2O effective 1 June 1989. Therefore, item 11 on his DD Form 214 should be corrected to show this MOS. BOARD VOTE: ___XX_____ ___XX_____ ___XX_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. deleting the entry, "P 63Y2O0000 TRACK VEH MECH" in item 11 on his DD Form 214; and b. adding the entry, "P 54B2O0000 CHEMICAL OPERATIONS SPECIALIST 3 YRS 1 MO" in item 11 on his DD Form 214. _______XXXX_______________ 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. ABCMR Record of Proceedings (cont) AR20080013982 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080013982 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1