IN THE CASE OF:	 

		BOARD DATE:	       8 January 2009

		DOCKET NUMBER:  AR20080016983 


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, that his DD Form 214 (Report of Separation from Active Duty) be corrected to show military occupational specialty (MOS) 91B2O (medical specialist) and MOS 91A1O (medical corpsman).

2.  The applicant states that these MOSs are not shown on his DD Form 214.

3.  The applicant provides no additional evidence 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.  The applicant enlisted in the Regular Army on 14 May 1968 for a period of 3 years.  His DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 91A1O effective 18 October 1968 and later awarded primary MOS 71B2O (clerk typist) effective 19 September 1969.

3.  On 24 June 1970, the applicant was discharged under honorable conditions (a general discharge) under the provisions of Army Regulation 635-212 for unsuitability.

4.  Item 23a (Specialty Number & Title) of the applicant's original DD Form 214 shows the entry, "71B2O Clerk-Typist."

5.  There is no evidence of record which shows the applicant was awarded MOS 91B2O.

6.  On 5 June 1979, the Army Discharge Review Board upgraded his discharge to honorable.

7.  The applicant's original DD Form 214 was voided and he was reissued a DD Form 214 showing his character of service was honorable.  Item 16a (Primary Specialty Number and Title) on this DD Form 214 shows the entry, "NA [not applicable]."

8.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that the primary MOS code number and title would be entered in item 23a on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was awarded primary MOS 71B2O effective 19 September 1969 and held that MOS at the time of his separation.  The governing regulation in effect at the time states that the primary MOS will be shown on the DD Form 214; therefore, it would be appropriate to correct item 16a on his reissued DD Form 214 to show MOS 71B2O.  However, since the applicant specifically requested correction of his separation document to show MOSs 91B2O and 91A1O, no corrective action will be taken.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________________________
                 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)                                         AR20080016983



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ABCMR Record of Proceedings (cont)                                         AR20080016983



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