RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 March 2008
DOCKET NUMBER: AR20070010981
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. Judy Blanchard
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Ms. Eloise Prendergast
Member
Mr. Donald L. Lewy
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, that his 21 May 1968 separation document (DD Form 214) be corrected to show the military occupational specialty (MOS) 64B (Truck Driver). He also requests correction of his record to show pes planus (flat feet).
2. The applicant states, in effect, that his MOS was 64B2O, Truck Driver. He was trained at Ford Ord, California for 5 weeks in Advance Individual Training (AIT) and exercised the MOS for 22 months. He would like the error corrected to receive Department of Veterans Affairs (VA) benefits. He did not have a physical examination when he entered the Army and did not have a physical examination when he was discharged.
3. The applicant provides no additional documents in support of his application.
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. The applicant's record shows that he was inducted into the Army of the United States on 6 June 1966. He completed the required training and was awarded MOS 94B (Cook). The highest grade he attained was pay grade E-5.
3. On 21 May 1968, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 11 months, and 16 days of active military service. Item 23a of the DD Form 214 he was issued at the time contains the entry "94B2O Cook. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the National Defense Service Medal, the
Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). The
applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged), on 21 May 1968, the date he was REFRAD. There are no documents, such as an Enlisted Qualification Record (DA Form 20), or evaluations on file that indicate he served in MOS 64B.
4. Army Regulation 635-5 (Separation Documents) 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 also establishes standardized policy for preparing and distributing the DD Form 214. Chapter
2 contains item-by-item preparation instructions for the DD Form 214. The instructions for Item 23a state to enter the primary MOS indicated on the record and the titles of all MOSs served for at least 1 year.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that he had flat feet and that the MOS entered in Item 23a of his DD Form 214, which shows he was a cook, was in error were carefully considered. However, there is insufficient evidence to support these claims. The applicants record is void of evidence which would have shown if he had flat feet and if he had completed 64B training. His available military record only confirms that he was awarded the MOS of 94B (Cook). Thus, the MOS entry in Item 23a of his DD Form 214 is an accurate reflection of his record, and it would not be appropriate to change it at this late date.
2. The ABCMR begins its consideration of each case with the presumption of administrative regularity. In the absence of evidence to the contrary, it is it is presumed that what the Army did was correct. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
3. In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__LDS __ __DLL___ ___EP __ 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.
_____Linda D. Simmons_____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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