IN THE CASE OF: BOARD DATE: 9 May 2013 DOCKET NUMBER: AR20120015657 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 Force of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as an infantry MOS vice 941.10 (Cook). 2. The applicant states his DD Form 214 should show he held an infantry MOS. He volunteered for detail during the last 4 months of his military service. He worked at the officer's mess working on the stoves. They had Korean cooks, but he was not a cook. 3. The applicant provides his DD Form 214, a certificate, and orders. 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 his records were lost or destroyed in that fire. However, the applicant provided his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant's records show he was inducted into the Army of the United States on 16 November 1954. He served in Korea while assigned to Headquarters (HQ) Company, 2nd Battalion, 17th Infantry; however, the specific dates of his service in Korea are not shown. 4. The applicant also provides Special Orders Number 211, dated 8 September 1956, issued by HQ, Personnel Center, Fort Chaffee, AR, assigning him to the Transfer Station, Fort Chaffee, AR, for release from active duty on 8 September 1956. These orders show his MOS as 941.10. 5. His DD Form 214 shows he was honorably released from active duty on 8 September 1956 at Fort Chaffee, AR, and he was transferred to the U.S. Army Reserve. He completed 1 year, 9 months, and 23 days of creditable active service of which 1 year, 4 months, and 21 days were foreign service. Item 23a (Specialty Number and Title) of his DD Form 214 shows he held MOS 941.10 at the time of his release from active duty. 6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparation of the DD Form 214. It states 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. It states to enter the MOS held at the time of separation in item 23a. DISCUSSION AND CONCLUSIONS: The DD Form 214 is a record of a Soldier's active duty service at the time of his release from active duty. The available evidence of record shows the applicant held MOS 941.10 at the time of his release from active duty. Although he was assigned to an infantry unit, he has not provided any evidence that shows he attended school for, or was ever awarded an infantry MOS, or that he held an infantry MOS at the time he was released from active duty. His DD Form correctly shows his MOS as 941.10; therefore, he is not entitled to the requested relief. 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) AR20120015657 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120015657 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1