IN THE CASE OF: BOARD DATE: 15 June 2010 DOCKET NUMBER: AR20090019167 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 item 5 (Qualifications/Specialty Number or Symbol) on his DD Form 214 (Report of Separation from the Armed Forces of the United States). 2. The applicant states: * His DD Form 214 shows his MOS was 1816 (clerk/personnel administrative supervisor); however, he served two years in Korea in MOS 1602 (antiaircraft artillery (AAA) automatic weapons (AW) chief) * He only served in MOS 1816 during the last year of his service (November 1952 to November 1953) * His initial MOS was 3603 (AAA AW cannoneer) * In Korea he became a squad leader in MOS 1602 3. The applicant provides: * DD Form 214 * Statement of support * Three photographs of Soldiers 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’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army on 9 November 1950 for a period of 3 years. He served in Korea and was honorably released from active duty on 8 November 1953. 4. Item 5 on the applicant’s DD Form 214 shows the entry “1816.” 5. There is no evidence of record which shows the applicant was awarded MOS 1602. 6. In support of his claim, the applicant provided a statement of support from a fellow Soldier at the time in question. He attests he served with the applicant for two years and they served in Japan and Korea. He states the applicant was a cannoneer, then a gunner, and then a squad leader. He contends they deployed in December 1951 and were rotated out in November 1952 and they were involved in thousands of firing missions during this time. He also provided two photographs of Soldiers on tanks and one photograph of what appears to be Soldiers in a convoy. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he served his first two years of service in MOS 1602 and his last year in MOS 1816. He wants item 5 on his DD Form 214 corrected to show MOS 1602. 2. There is no evidence of record which shows the applicant was awarded MOS 1602. In the absence of MOS orders, the statement of support and the photographs provided by the applicant are not sufficient as a basis for amending item 5 on his DD Form 214. More importantly, the DD Form 214 is normally a record of a member's service at the time of separation. The applicant acknowledged that he served in MOS 1816 during his last year of service BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X____ __X_____ __X_____ 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. __________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. ABCMR Record of Proceedings (cont) AR20090019167 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090019167 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1