RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 08 May 2008
DOCKET NUMBER: AR20080000588
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. Andrew C. Jacobs
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that the title of his primary military occupational specialty (PMOS) was Ammunition Storage Specialist.
2. The applicant essentially states that item 23a (Specialty Number and Title) of his DD Form 214 correctly shows that his PMOS was 55B (Ammunition Storage Specialist). However, he states that item 23b (Related Civilian Occupation and Dictionary of Occupational Titles [D.O.T.] Number) of this document has an entry of Inventory Clerk, but that it should read Ammunition Storage Specialist. He also states, in effect, that when he was released from active duty on 23 January 1968, there was a long line at out-processing, and that the man who prepared his DD Form 214 was in a hurry. He further states that he pointed out this mistake at the time, but that the man said not to worry about it. He continued by stating that he was coming home from Vietnam at the time and did not know better.
3. The applicant provides his DD Form 214 in support of this 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. Item 23a of the applicant's DD Form 214 essentially shows that his PMOS was 55B; however, Army regulations also required that the title of the MOS be entered in this item.
3. Item 23b of the applicant's DD Form 214 essentially shows that the related civilian occupation and D.O.T. number for the applicant's PMOS is Inventory Clerk, 1-01.41.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the preparation of the DD Form 214. It stated, in pertinent part, that for item 23a, enter the PMOS code and title. For item 23b, it stated that if the specialty represented by the MOS has a related civilian occupation, enter in item 23b the appropriate code number from the D.O.T. and job title.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that the title of his PMOS was Ammunition Storage Specialist.
2. Although item 23a of the applicant's DD Form 214 correctly shows that his PMOS was 55B, it does not include the title of his PMOS per regulatory guidance. As a result, it would be appropriate at this time to correct item 23a of the applicant's DD Form 214 to add his PMOS title of Ammunition Storage Specialist.
3. The fact that the applicant believes that the entry in item 23b should show his PMOS title was noted; however, the preparation of this item was in accordance with regulations in effect at the time, and this block is merely a way to translate his PMOS title into the title and D.O.T. number of a similar civilian occupation. As a result, there is no basis for correcting item 23b of the applicant's DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__XXX __ __XXX__ __XXX__ 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 adding the applicant's PMOS title of Ammunition Storage Specialist to item 23a of his DD Form 214.
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 correcting item 23b of the applicant's DD Form 214.
___ XXX ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000588
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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