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Decision Text

ARMY | BCMR | CY2004 | 20040010940C070208
Original file (20040010940C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 AUGUST 2005
      DOCKET NUMBER:  AR20040010940


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Ronald Blakely                |     |Member               |
|     |Ms. Linda Barker                  |     |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.  In effect, the applicant requests that the information contained in
item           11 (Primary Specialty Number, Title and Years and Months in
Specialty) on his   7 October 1986 DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show his primary specialty
number as19E10B8, his title as M48-M60 A3 Qualified Armor Crewman, and the
time that he spent in that specialty as 4 years and 17 days, vice the
information shown.

2.  The applicant states that the information in item 11 shows his
specialty, title, and time spent in the specialty as 19E, M48-M60 Armor
Crewman, 3 years and   8 months.  His correct entry date and separation
date are correct.  His retirement orders show 8 October 1986.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 October 1986.  The application submitted in this case
is dated     30 November 2004.

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 limitations 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.  The applicant enlisted in the Army for four years on 21 September 1982,
trained as an armor crewman, and was awarded the MOS (military occupational
specialty) of 19E, armor crewman, on 28 January 1983.  The applicant’s
personnel qualification record shows his MOS as 19E10 and that he was a
loader while assigned to an armored unit in Germany.  On 6 March 1984 he
was awarded the primary MOS of 19E10B8.  His duty MOS was 19E10 and his
principal duty was as an M48-M60 armor crewman while assigned to Fort
Stewart, Georgia.

4.  The applicant’s 25 June 1986 personnel qualification record, Part I,
shows his primary MOS/ASI (additional skill identifier) as 19E10 B8.
5.  The applicant was discharged because of a permanent physical disability
on   7 October 1986 at Fort Stewart.

6.  Army Regulation 635-5 provides instructions for the preparation of the
        DD Form 214 and states that the MOS codes, titles, years and months
will be entered in item 11 of the Soldier’s DD Form 214.  In determining
time eligibility for listing of specialty, 16 days or more will be counted
as a month.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant’s primary specialty was 19E10B8,
as he contends.  That specialty should be indicated on his DD Form 214.

2.  There is no evidence and the applicant has not submitted any to show
that his specialty title should be corrected to show M48-M60 A3 Qualified
Armor Crewman.  Consequently, his request to do so is denied.

3.  The applicant was awarded MOS 19E on 28 January 1983, and served in
that MOS until his transfer to the Retired Reserve on 7 October 1986, a
period of        3 years, 8 months, and 9 days.  Therefore, his DD Form 214
showing that he served in his specialty for 3 years and 8 months is
correct.  His request to correct that period to 4 years and 17 days is
denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MP__  __RB ___  __LB____  GRANT PARTIAL 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 by showing in item 11 of
his 7 October 1986 DD Form 214 his primary specialty as 19E10B8.

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
correcting the remaining information (title and years and months in
specialty) in item 11 of his 7 October 1986 DD Form 214.




                            ___  Margaret Patterson_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010940                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.50                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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