RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 November 2007
DOCKET NUMBER: AR20070009053
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Margaret K. Patterson
Chairperson
Mr. Larry C. Bergquist
Member
Mr. Dale E. Debruler
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, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his military occupational specialty (MOS) of 63B as a light wheel vehicle mechanic vice being a dentistry specialty. He further asks that his foreign service be added to his record.
2. The applicant states, in effect, that he is currently processing a [medical] claim for his back and dental conditions and discovered these errors in his records.
3. The applicant provides no additional documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 17 September 1993, the applicant enlisted in the Regular Army for 4 years. He completed his initial training, including the Basic Airborne Course, and was awarded MOS 63B1P (Light Vehicle Mechanic with parachutist qualification).
3. On 21 April 1994, the applicant was assigned to Fort Bragg, North Carolina, for duty as a light vehicle mechanic.
4. On 7 March 1997, the applicant was assigned to Fort Knox, Kentucky, for basic reconnaissance training, MOS 19D1O. He was subsequently reassigned back to Fort Bragg, North Carolina, for duty in MOS 19D2P.
5. On 1 May 1997, the applicant was promoted to the rank of sergeant, pay grade E-5.
6. On 28 June 2001, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-17, due to a physical condition, not a disability. He had completed 7 years, 9 months, and 12 days of creditable active service.
7. Item 11 (Primary Specialty) of the applicant's DD Form 214 shows his MOS's as 19D2P, Cavalry Scout, 4 years and 1 month; and 63B, Dentistry, 7 years and 3 months.
8. Item 12f (Foreign Service) of the applicant's DD Form 214 indicates no overseas service during this period of active duty service.
9. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Overseas Service Ribbon or any other award normally issued in connection with an overseas assignment.
10. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that Item 11 (Primary Specialty) of the DD Form 214 will contain all MOSs held for at least a year and include the number of years and months served. Item 12f (Foreign Service) will contain the total amount of foreign service completed during the period covered.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the award of the Overseas Service Ribbon to Soldiers credited with the completion of a normal overseas tour of duty, unless such overseas service has been recognized with another United States service medal.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was awarded MOS 19D2P (Cavalry Scout) and 63B2P (Light Vehicle Mechanic) There is no evidence showing that he was ever trained in or awarded a dentistry specialty. Therefore, his DD Form 214 should be corrected to show his two MOS's as 19D2P and 63B2P with the corresponding periods of time served.
2. There is no available evidence to show when or where the applicant may have served overseas. He has not provided any such evidence. Therefore, his request to show overseas service on his DD Form 214 should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_DED __ __MKP _ __LCB ___ 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 showing in Item 11 (Primary Specialty) his MOS as 19D2P, Cavalry Scout,
4 years, 1 month and 63B2P, Light Wheel Vehicle Mechanic, 7 years, 3 months.
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 showing credit for overseas service.
__
__ M. K. Patterson __
CHAIRPERSON
INDEX
CASE ID
AR20070009053
SUFFIX
RECON
DATE BOARDED
20071115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
120
3.
4.
5.
6.
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