IN THE CASE OF:	   

		BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120018627 


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 his primary military occupational specialty (MOS) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to 13E (Cannon Fire Direction Specialist).

2.  The applicant states the MOS currently shown on his DD Form 214 is incorrect.

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.  On 1 November 1989, he enlisted in the Regular Army.  He completed basic combat and advanced individual training.
3.  Headquarters, United States Army Field Artillery Center and Fort Sill, Fort Sill, OK, Orders 047-362, dated 16 February 1990, awarded the applicant primary MOS 13E.

4.  There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him a primary MOS other than 13E.  

5.  On 20 January 1993, he was discharged.  Item 11 (Primary Specialty) on his DD Form 214 shows his primary MOS as 13B (Cannon Crewmember).

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the 
DD Form 214.  This regulation stated the primary MOS codes, titles, years, and months and all additional MOSs served in for a period of 1 year or more were to be entered in item 11 of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

There are no orders in his MPRJ awarding him a primary MOS other than 13E.  Therefore, it is appropriate to change his DD Form 214 to reflect the correct primary MOS he was awarded.

BOARD VOTE:

____x___  ____x___  ___x____  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 amending item 11 of his DD Form 214 as follows:

* delete:  13B (Cannon Crewmember)
* add:  13E (Cannon Fire Direction Specialist)


      _______ _   _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)                                         AR20120018627



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ABCMR Record of Proceedings (cont)                                         AR20120018627



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