RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 July 2006
DOCKET NUMBER: AR20050017812
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Ms. Carmen Duncan | |Member |
| |Ms. Jeanette McCants | |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 (Primary Specialty) on his DD Form
214 (Certificate of Release or Discharge from Active Duty) be corrected to
show military occupational specialty (MOS) 92A (automated logistical
specialist) instead of 92Y (supply sergeant).
2. The applicant states at the time of his discharge the Army was changing
the MOS designation from material control and accounting specialist (76P)
to automated logistical specialist (92A). He contends that during his out-
processing the computer system would not accept either entry so the clerk
entered a code the computer would accept (92Y). He contends that he never
held MOS 92Y.
3. The applicant provides a copy of his DD Form 214 and his DA Form 2-1
(Personnel Qualification Record).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 31 May 1994. The application submitted in this case is dated 7
December 2005.
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 retired in the rank of sergeant first class on 31 May
1994 after completing almost 18 years of active service.
4. Item 11 on the applicant's DD Form 214 shows his primary MOS is 92Y4Q.
5. Orders show the applicant was awarded primary MOS 76P4Q effective
13 August 1992.
6. The U.S. Army Human Resource Command Enlisted MOS Conversion Chart
shows MOS 76P was converted to MOS 92A effective 1 April 1993.
7. Army Regulation 611-201, in effect at the time, prescribed the enlisted
MOS classification structure of the U.S. Army. This regulation does not
show MOS 92Y as an authorized MOS.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was awarded primary MOS 76P4Q
effective 13 August 1992. Since MOS 76P was converted to MOS 92A effective
1 April 1993, and MOS 92Y was not an authorized MOS, it would be
appropriate to correct item 11 on the applicant's DD Form 214 to show his
primary MOS was 92A4Q (automated logistical specialist).
2. Records show the applicant should have discovered the alleged error now
under consideration on 31 May 1994; therefore, the time for the applicant
to file a request for correction of any error expired on 30 May 1997. The
applicant did not file within the 3-year statute of limitations; however,
based on the available evidence it would be in the interest of justice to
excuse failure to timely file in this case.
BOARD VOTE:
JS______ __CD___ _JM____ 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 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:
a. deleting the entry in item 11 on his DD Form 214; and
b. adding the entry, "92A4Q AUTOMATED LOGISTICAL SPECIALIST -- 10
YRS - 1 MOS//NOTHING FOLLOWS."
___John Slone_________
CHAIRPERSON
INDEX
|CASE ID |AR20050017812 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060711 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0500 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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