RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 December 2007
	DOCKET NUMBER:  AR20070008987 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Ms. Marla J. N. Troup

Member

Mr. Thomas M. Ray

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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 14 November 1957 be corrected to show the military occupational specialty (MOS) 951.10 (Military Policemen) and awards earned.

2.  The applicant states, in effect, that the correct MOS would enhance his opportunities in seeking employment as a security guard.  He wishes to apply for Veterans Benefits and would like his DD Form 214 corrected to accurately show his MOS. 

3.  The applicant provides a copy of his DD Form 214, a letter from the National Records Center dated 2 November 1970, an Affidavit witnessed on 2 January 2007 by a Notary Republic for the State of Kansas, and a copy of special orders which show he fired Sharpshooter on 6 July 1957.  

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 applicant’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the Untied States on 20 January 1956.  He was separated on 14 November 1957 after he served 1 year, 9 months and 23 days of net active service.  His discharge characterization was under honorable conditions.  The rank on the applicant's DD Form 214 is private/pay grade E-1.

4.  Item 25a (Specialty Number and Title) of the applicant's DD Form 214 shows the entry "551.10 General Warehouseman" and Item 25b (Related Civilian Occupation and D. O. T. Number) shows the entry "1-38.01 Stock Clerk."

5.  Item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows no entries.

6.  Item 32 (Remarks) of the applicant's DD Form 214 shows he had lost 2 days under the Manual for Courts-Martial (MCM) dated 1951.  The facts and circumstances of how the applicant was discharged are not available for the board to review due to the fire in 1973 at the National Personnel Records Center. 

7.  On 2 November 1970, the National Personnel Records Center wrote the applicant a letter which shows, in effect, that the applicant was assigned to the MOS code number 951.10 (Military Policemen) and that he served as a Military Policeman in the 8197th AU, APO 56 from 5 July 1956 to 31 December 1956 and then he was reassigned to the U. S. Army Garrison Camp Fuji, APO 56, from 1 January 1957 to 23 October 1957.  

8.  Special Orders Number 5, published by Headquarters, Camp Fuji, on 10 July 1957 shows the applicant fired the Rifle Caliber 30 M1 on 6 July 1957 and that he qualified as Sharpshooter on the standard record for fire.  

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

10.  Special Regulations 615-25-15 (Enlisted Personnel Military Occupational Specialties (MOS)) in effect at the time, states in pertinent part, that a MOS is the term used to identify an area of military job activities covering either one duty assignment or a group of duty assignments which require similar abilities for the performance of their significant tasks.  An MOS is composed of a classification title, a numerical identification, and a job description.  The numerical identification is known as the MOS code or formerly known as the specification serial number.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his MOS code on his DD Form 214 with a separation effective date of 14 November 1957 is incorrect.  He also contends he is entitled to an award not shown on this same DD Form 214. 

2.  The applicant's records were not available for review by the Board due to a fire in 1973 at the National Personnel Records Center that destroyed his records. The applicant provided a letter from the National Personnel Records Center dated 2 November 1970, three years prior to the fire, which shows the applicant's MOS was 951.10 (Military Policemen) and that he served in a military police company.  This same letter shows that his next unit of assignment was a headquarters garrison unit with no MOS identified with this particular assignment. His DD Form 214 shows he lost 2 days under the MCM and that his discharge was characterized as under honorable conditions.

3.  The Board begins its deliberations with a presumption of regularity, that what the Army did was correct.  The burden to prove otherwise rests with the applicant.  As such, it is not up to the Board to provide an explanation for the applicant’s MOS change from 951.10 (Military Policeman) to 551.10 (General Warehouseman) on his DD Form 214 with a separation date of 14 November 1957.  In the absence of evidence to the contrary, a presumption of regularity must be applied to the applicant’s MOS designation.

4.  Special Orders Number 5 show the applicant qualified as a Sharpshooter on 6 July 1957.  Therefore, the applicant is entitled to have his records corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JNS__  __MJNT_  __TMR__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with a separation date of 14 November 1957 to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 changing the DD Form 214 of the individual concerned to show he held MOS 951.10 (Military Policeman) at the time of his separation.




_____John N. Slone____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20071218
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.