RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          19 AUGUST 2004
      DOCKET NUMBER:  AR2004100122


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Curtis Greenway               |     |Member               |
|     |Mr. William Powers                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 11 on his 1992 separation document be
corrected to show that he served “3 plus” years in specialty 95B (military
police) and “16 plus” years in specialty 76Y (unit supply).  He also asks
that his two awards of the Meritorious Service Medal be added to his
separation document and that he be provided “copy 1” of his separation
document.

2.  The applicant states, in effect, that his separation document reflects
that he served only 6 years in specialty 76Y and more than 19 years as a
military policeman (95B).  He states that it should reflect 3 plus years as
a military policeman and 16 plus years in supply.

3.  He states that copy 1 of his separation document was not given to him
and that he needs it for employment with the United States Post Office.

4.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
which occurred on 31 August 1992.  The application submitted in this case
is dated
25 October 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant entered
active duty on 10 July 1972 and served continuously until 31 August 1992
when he retired for length of service.

4.  The applicant was initially trained as a military policeman (95B).
According to a performance evaluation report, rendered in December 1974,
the applicant, although still holding specialty 95B as his PMOS (primary
military occupational specialty) was performing duties in specialty 76Y
(supply).  A performance evaluation report, rendered in February 1976 and a
February 1976 Enlisted Evaluation Data Report reflecting an MOS (military
occupational specialty) score of 90, indicates that by that time, the
applicant held a PMOS of 76Y and was performing duties in that specialty.

5.  Although the applicant’s file is devoid of orders awarding or
withdrawing his military specialties, his performance evaluation reports
indicated that after 1976 he continued to perform duties in specialty 76Y
but retained specialty 95B as a secondary MOS.

6.  The applicant’s separation document indicates that the applicant held
specialty 76Y for 6 years and specialty 95B for 19 years 7 months.

7.  Army Regulation 635-5, which establishes the policies and provisions
for the preparation and distribution of the Department of Defense Form 214
(Certificate of Release or Discharge from Active Duty) states that item 11
will reflect the titles of each MOS that an individual served in for a
least 1 year.  It notes that time in basic training and advanced individual
training should not be counted.

8.  The applicant’s file confirms that he was awarded two awards of the
Meritorious Service Medal, although his separation document reflects
entitlement to only one.  Orders issued by an Air Defense Command in
Germany and at Fort McClellan, Alabama confirmed the awards.

9.  Army Regulation 635-5 also states that the Department of Defense Form
214 is a summary of a Soldier’s most recent period of continuous service.
It provides a brief, clear-cut record of active duty service at the time of
release from active duty, retirement, or discharge.  Copy 1 of the form is
presented or mailed to a Soldier on their transition date and copy 4 (which
omits item 23 through 30) is to be presented to a Soldier when he or she
departs the transition center.  The applicant’s available records contain
only copy 8 of the separation document, but that copy contains the
identical information which would have been reflected on copy 1.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s file does not contain orders confirming when
the applicant was awarded specialty 76Y, the available evidence suggests he
was awarded MOS 76Y in February 1976.  The fact that a performance
evaluation report for the period ending in February 1976 and that he
received an MOS test score for that specialty in February 1976, supports
this conclusion.



2.  Clearly the entry on the applicant’s separation document that he held
MOS 76Y for only 6 years was an error; and likely a typographical error.
Based on the evidence which is available, the applicant held that specialty
for approximately 16 years and 4 months and it would be appropriate and in
the interest of justice to correct his separation document accordingly.

3.  While the applicant may only have performed duties in specialty 95B for
3 years, his records suggests that he held that specialty throughout his
military service.  The regulation provides for recording any specialty an
individual held for at least 1 year.  As such, the entry on his separation
document regarding the duration he held specialty 95B would be correct.

4.  The evidence also confirms that the applicant was awarded two awards of
the Meritorious Service Medal.  His records should be corrected
accordingly.

5.  A copy of the existing copy 8 of the applicant’s separation document
will be provided to him in lieu of copy 1.  Because the information is
identical on both copies it should suffice for purposes of employment.

BOARD VOTE:

__FE ___  ___CG __  ___WP __  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected:

      a.  by showing in item 11 of his 1992 separation document that he held
specialty 76Y for 16 years and 2 months vice the 6 years currently shown;


      b.  by showing that he was awarded two awards of the Meritorious
Service Medal; and


      c.  by providing him a legible copy of his separation document.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
showing that he held specialty 95B for only “3 plus” years.




            ______Fred Eichorn_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100122                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040819                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |107.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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