RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070017324 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea M. Nuppenau

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 correction of Item 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his specialty as "Instructor" instead of "Inspector."

2.  The applicant states that the incorrect entry is inhibiting his ability to obtain service connected disability.

3.  The applicant provides a copy of his DD Form 214, dated 9 September 1969, 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 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.  Prior to his enlistment in the Regular Army, the applicant received a Letter of Guarantee for Specific Army Schooling on 27 October 1966 which stated that his request to attend the Weapons Support Radar Repair Specialist Course, commencing on 3 February 1967, was approved under the Army's "Graduate Specialist" Program, and that he was required to enlist prior to 21 November 1966 to receive the benefit of this guarantee. 

3.  Accordingly, the applicant enlisted in the Regular Army on 17 November 1966 for a period of 3 years.  He attended basic combat and advanced individual training and was awarded military occupational specialty (MOS) 26B (Weapons Support Radar Repairer) on 21 July 1967.  

4.  On 22 September 1967, U.S. Army Signal Center and School, Fort Monmouth, New Jersey, published Special Orders Number 195, assigning the applicant the duties of "DST Instructor" (not further identified) in MOS 26W4H.
5.  On 12 April 1968, the applicant successfully completed the Instructor Training Course at the U.S. Army Signal Center and School, Fort Monmouth, New Jersey. 

6.  The applicant was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 9 September 1969.  Item 23a of the DD Form 214 he was issued at the time of his separation listed his MOS specialty number and title as "26W2H Radar Maintenance Support Inspector."  

7.  Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 2 of this regulation stated, in pertinent part that the special qualification identifier (SQI) is the fifth character of the MOS code (MOSC) which identifies special qualifications that a Soldier may possess (such as parachutist "P" or linguist "L").  SQIs are authorized for use with any MOS unless restricted by other regulation.  Soldiers who are qualified for award of authorized SQI will be awarded the SQI by announcement in orders in the same manner as award of MOS.  The order of precedence for recording the SQI in the fifth position of the PMOS is as follows: S (Special Forces); V (Ranger—Parachutist); P (Parachutist); M (First Sergeant); X (Drill Sergeant); G (Ranger); K (NCO Logistics Program); Y (Pathfinder); and H (Instructor).

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 23a shows the Soldier's primary MOS and title.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant enlisted for, trained in, and was awarded MOS 26W.  Additionally, he successfully completed the Instructor Training Course at Fort Monmouth, New Jersey, and SQI "H" was awarded to his primary MOS.  Therefore, the entry in Item 23a of the applicant's DD Form 214, dated 9 September 1969, is correct. 

2.  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 that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__rtd___  __gjp___  __rmn___  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.




							Richard T. Dunbar
______________________
          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.