RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 August 2006
DOCKET NUMBER: AR20060002025
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. Beverly A. Young | |Analyst |
The following members, a quorum, were present:
| |Mr. William Powers | |Chairperson |
| |Mr. Jeffrey Redmann | |Member |
| |Ms. Karmin Jenkins | |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 his secondary military occupational
specialty (SMOS) of 52B20 (Generator Mechanic) be added to his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he had a SMOS of 52B20 which is not listed on his
DD Form 214.
3. The applicant provides no additional documents in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 21 May 1976. The application submitted in this case is dated
21 January 2006.
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 Regular Army on 16 October 1973. He
completed basic training and was assigned to Fort Hood, Texas for advanced
individual training. At the successful completion of AIT, he was awarded
primary MOS 63B (Wheel Vehicle Mechanic).
4. The applicant’s DA Form 2-1 (Personnel Qualification Record - Part II)
shows he was a student at Fort Hood, Texas in duty MOS 52B.
5. The applicant’s Enlisted Efficiency Report for the period covering June
1974 through May 1975 shows his SMOS as 52B20.
6. The applicant was honorably discharged on 21 May 1976. He completed
2 years, 7 months, and 6 days of active military service.
7. Item 17a (Secondary Specialty Number and Title) on his DD Form 214
shows the entry “None.”
DISCUSSION AND CONCLUSIONS:
1. The applicant’s Enlisted Efficiency Report shows his SMOS as 52B20.
Although there are no orders, this document is accepted as sufficient to
show he was awarded MOS 52B20.
2. There is no evidence of record which indicates the applicant’s SMOS 52B
was withdrawn. As a matter of equity, it would be appropriate to amend his
DD Form 214 to reflect his SMOS 52B20 (Generator Mechanic).
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 May 1976; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 20 May 1979. 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:
WP______ JR______ KJ______ 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 showing the entry “52B20 Generator
Mechanic” in item 17a on his DD Form 214.
William Powers________
CHAIRPERSON
INDEX
|CASE ID |AR20060002025 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060831 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |100.0500 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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