IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080001102 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military occupational specialty (MOS) from 57E (Laundry and Bath Specialist) to 11B (Infantryman). 

2.  The applicant states that he served in the Regular Army for three years and his MOS was changed from 11B to 57E.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 October 1979, 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.  The applicant's records show that he enlisted in the Georgia Army National Guard (GAARNG) for a period of six years on 10 March 1979.  He was subsequently ordered to initial active duty for training (IADT), for a period of 12 weeks as follows:

	a.  report to Fort Jackson, South Carolina, effective 11 April 1979; and

	b.  report to Fort Benning, Georgia, for one station unit training (OSUT), for MOS 11B, effective 16 April 1979.

3.  The applicant's records show that he arrived at Fort Benning, Georgia, on 21 April 1979 and was assigned to Company B, 4th Battalion, 1st Infantry Training Brigade.  

4.  The applicant's records also show that, while in training at Fort Benning, Georgia, the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 19 May 1979 and 19 June 1979.

5.  Upon completion of the basic combat training (BCT) phase of OSUT, the applicant was reassigned to Fort Lee, Virginia.  The facts and circumstances surrounding this reassignment from Fort Benning, Georgia, to Fort Lee, Virginia, are not available for review with this case.  However, Item 35 (Current and Previous Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Records) shows he arrived at Fort Lee, Virginia, on 22 June 1979, and was enrolled in advanced individual training (AIT) for MOS 76Y (Unit Supply Specialist).

6.  On 27 July 1979, while attending AIT for MOS 76Y at Fort Lee, Virginia, the applicant was relieved from training for academic reasons.  He was subsequently interviewed by his unit commander, during which he (the applicant) remarked that he had a problem with mathematics.  The unit commander recommended the applicant's relief from MOS 76Y and his reenrollment into MOS 57E (Laundry and Bath Specialist).

7.  On 22 August 1979, Headquarters, U.S. Army Quartermaster Center and Fort Lee, Fort Lee, Virginia, published Orders 172-40, awarding the applicant primary MOS 57E.



8.  On 4 October 1979, the applicant was honorably released from IADT upon completion of MOS training and reverted back to his ARNG status.  Item 11 (Primary Specialty Number and Title) of the DD Form 214 he was issued shows the entry 57E.

9.  The applicant's records do not contain orders awarding him an infantry MOS.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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 specifies that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 11 of the DD Form 214 in effect at the time contained the Soldier's MOS upon separation, obtained from his or her records.  For an enlisted Soldier, enter the first 5 characters of the primary MOS code which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable.  Enter “O” when not applicable.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant arrived at Fort Benning, Georgia, to attend BCT and AIT under the OSUT concept, for MOS 11B.  It appears that his two instances of nonjudicial punishment during BCT led to his diversion from Fort Benning, Georgia, to Fort Lee, Virginia.  

2.  The evidence of record further shows that the applicant was relieved from 76Y MOS training for academic reasons.  He was reenrolled in MOS 57E, completed AIT training, and was awarded MOS 57E as his primary MOS.  Therefore, the entry in Item 11 of the applicant's DD Form 214, dated 4 October 1979, shows the applicant's correct MOS at the time of his separation.

3.  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 did not submit evidence that would satisfy that requirement.  Therefore, he is not entitled to relief.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.



								XXX
      _______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080001102



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ABCMR Record of Proceedings (cont)                                         AR20080001102



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