RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 December 2007
	DOCKET NUMBER:  AR20070008731 


	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.



	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, in effect, that:

	a.  the military occupational specialty (MOS) shown on his DD Form 214 (Report of Separation from Active Duty), with an effective date of 12 July 1979, be corrected to show he held the secondary MOS 11B (Light Weapons Infantryman), as opposed to the MOS 76Y (Unit Supply Specialist); and 

	b.  his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 23 September 1985, also be corrected to show he held the MOS 11B as a secondary MOS as opposed to the MOS 76Y.

2.  The applicant states, in effect, that he carried the combat MOS 11B for seven years.  He states, in effect, that his first-issued DD Form 214 confirms that he was committed to the Army on his first enlistment as an 11B and not a unit armorer.

3.  In a self-authored addendum to this DD Form 149, Application for Correction of Military Record, he adds that during his first six years in service, he was placed by units to hold down certain jobs, if an individual with the correct MOS was not available.  He states there are reassignment orders and orders reclassifying him out of his combat MOS.  He was sent to Fort Eustis, Virginia, for training in transportation.  That became his primary MOS, but he states, his secondary MOS should have remained 11B and, it should have been noted on his certificates of release and reenlistment, and not 76Y.  He concludes by stating that everyone followed the same sequence on his record, even when he retired.  He had the MOS 11B for seven years prior to reenlisting a second time and even when he retired.

4.  In support of his request, the applicant provided a self-authored addendum to his DD Form 149; a copy of three DD Forms 214; a copy of reenlistment orders, dated 10 July 1979; and a copy of two additional unrelated documents.

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. The evidence shows the applicant enlisted in the Regular Army on 10 January 1973.  On 14 October 1974, he was honorably discharged for the purpose of immediate reenlistment.  Item 16a (Primary Specialty Number and Title), of the applicant's DD Form 214, shows the entry, "Lt Wpns Inf 11B1O 25 Jun 73 113 Nov 73."  Item 17a (Secondary Specialty Number and Title) has the entry "None."

3.  The applicant reenlisted on 15 October 1974.  On 9 April 1975, Special Orders 69, were published by Headquarters, 2d Infantry Division, in Korea, promoting the applicant to the rank and pay grade, Specialist Four, E-4.  He was promoted in and was awarded the MOS 11B2OP.  The MOS 11B1OP was withdrawn.

4.  On 7 February 1979, Orders 038-805, were published by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky.  These orders show the applicant's primary MOS 11B was withdrawn and the MOS 71N was awarded in its place.  The MOS 11B was not awarded as a secondary MOS.

5.  On 12 July 1979, the applicant was honorably discharged for the purpose of immediate reenlistment.  Item 16a of the applicant's DD Form 214, shows the entry "71N10 Traffic Mgt Coord."  Item 17a has the entry, "76Y1O Unit Supmn/Armorer."

6.  On 10 July 1979, Orders 191-329, were published by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky.  These orders show the applicant reenlisted for 6 years.  On the date of his reenlistment, his primary MOS was 71N10.

7.  On 13 November 1981, Orders 222-9 were published by Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, Fort Riley, Kansas.  These orders show the applicant was awarded the secondary MOS 76Y.  These orders show no secondary MOS was withdrawn and the effective date for award of the secondary MOS was 26 August 1977.

8.  The evidence shows the applicant was honorably separated, on 23 September 1985, for the purpose of retirement for physical disability – permanent.  Item 11 (Primary Specialty Number, Title and Years and Months in Specialty), of the applicant's DD Form 214, shows the entry "71N1O, Traffic Management Coordinator 06 Yrs 08 Mos // Nothing Follows // 76Y1O, Unit Supply Specialist 07 Yrs 01 Mos // Nothing Follows //."

9.  AR 635-5 prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Instructions for completion of Item 11 (Primary Specialty Number, Title and Years and Months in Specialty (Additional specialty numbers and titles involving periods of one or more years) are:  "Enter the MOS codes, titles, years, and months for warrant officers and enlisted personnel.  For commissioned officers enter the specialty skill identifier (SSI) (two digits and one letter) title, years, and months."

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The evidence shows the applicant enlisted and was awarded the primary MOS 11B on 25 June 1973.  On his discharge date, 14 October 1974, he held this MOS as his primary MOS and it is correctly shown on his DD Form 214, dated 14 October 1974.

3.  The evidence shows the applicant reenlisted on 15 October 1974.  He was reclassified and awarded the primary MOS 71N on 7 February 1979.  The primary MOS he held before this date was 11B.  This MOS was withdrawn and was not awarded as his secondary MOS.

4.  The applicant was honorably discharged on 12 July 1979 for the purpose of immediate reenlistment.  The MOS 71N recorded on his DD Form 214 on the date of his reenlistment was his correct primary MOS.  This same DD Form 214 shows the applicant held a secondary MOS of 76Y; however, the evidence shows that MOS award orders were not published awarding him this MOS until 13 November 1981.  The effective date for award of the secondary MOS 76Y is 26 August 1977.

5.  Although MOS award orders were not published until 13 November 1981, the MOS 76Y was acknowledged by the applicant, on 12 July 1979, as being his correct secondary MOS.  This acknowledgement was made when he authenticated his DD Form 214 on his discharge for reenlistment purposes.  Based on this evidence, the applicant is not entitled to a correction of the secondary MOS shown on his DD Form 214, dated 12 July 1979.

6.  The applicant was issued a DD Form 214 for the period 13 July 1979 through 23 September 1985, the date he was retired for permanent physical disability reasons.  The DD Form 214 he was issued on his separation date for retirement correctly shows he held the primary MOS 71N and the secondary MOS 76Y.  These MOS’s were also acknowledged by him to be his correct primary and secondary MOS and he is therefore not entitled to a correction to show the MOS 11B as his secondary MOS.

7.  In view of the foregoing, there is no basis for granting the applicant the requested correction to his DD Form 214s he now seeks.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x __  __x____  __x  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



x___
          CHAIRPERSON



INDEX

CASE ID
AR20070008731
SUFFIX

RECON

DATE BOARDED
20071204
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.
100.0500
3.

4.

5.

6.