IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080004266
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, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) effective 31 July 1994, to show the military occupational specialties (MOSs) that he held and how long he held them.
2. The applicant states that his DD Form 214 should show that he held MOS 31W (Mobile Subscriber Equipment Communications Chief) for 16 years and
1 month; MOS 11B (Infantryman) for 1 year and 5 months; and MOS 71M (Chaplains Assistant) for 4 months.
3. The applicant provides copies of his DD Form 214 and Special Orders Number 221, Fort Gordon, Georgia, dated 12 August 1969, assigning him for duty in MOS 11B.
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. Records show that the applicant served in the Regular Army from 1 April 1969 to 31 December 1970. He was awarded MOS 71M (Chaplains Assistant) on
24 November 1969. He was transferred to the United States Army Reserve and served in an inactive status from 1 January 1971 to 30 April 1975; and from 15 to 25 April 1976. Detailed information concerning this period of service is not available for the Board to review.
3. On 26 April 1976, the applicant enlisted in the Regular Army beginning in the rank of private, pay grade E-2. He completed his initial training and was awarded MOS 36C (Wire Systems Installer).
4. Item 6 (MOSs) of the applicants Personnel Qualification Record, Part II, shows at the time of the last review on 16 February 1993, that the applicant held qualification in the following MOSs:
a. Primary MOS 31W4M (MSE Communications Chief) since
21 September 1992;
b. Secondary MOS 36M4O (Wire Systems Operator) since 1 September 1983;
c. Additional MOS 03C4O (Physical Activities Specialist) since 5 July 1978; and
d. Additional MOS 71M4O (Chaplains Assistant) since 5 July 1978.
5. On 31 July 1994, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Retired). He had attained the rank of sergeant first class, pay grade E-7 and had completed
20 years and 5 days of creditable active duty.
6. Item 11 (Primary Specialty) of the applicants DD Form 214 list MOS 31W4M (Mobile Subscriber Equipment (MSE) Communications Chief), 1 year and 10 months; and 71M4O (Chaplains Assistant), 16 years and 1 month. It does not list 11B (Infantryman).
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for the entry in Item 11 (Primary Specialty) of each MOS held by the applicant at release from active duty or discharge for periods of 1 year or more. Entries are to include the MOS number, title, and years and months held.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant held qualification in the following MOSs for the periods indicated at the time of his retirement:
a. 31W4M for 1 year and 10 months;
b. 36M4O for 10 years and 11 months;
c. 03C4O for 16 years and 1 month; and
d. 71M4O for 16 years and 1 month.
2. In view of the above, the applicants records should be corrected to show his correct MOSs.
3. There is no available evidence of record showing that he held qualification in MOS 11B (Infantryman) at any time during his last period of active duty. Therefore, this MOS should not be shown on his DD Form 214, effective 31 July 1994.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X ___ ___X____ 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 Specialties) 31W4M, Mobile Subscriber Equipment Communications Chief, for 1 year and 10 months; 36M4O, Wire Systems Operator, for 10 years and 11 months; 03C4O, Physical Activities Specialist, for 16 years and 1 month; and 71M4O, chaplains Assistant, for 16 years and
1 month.
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 that the applicant was qualified in MOS 11B or that he held MOS 31W4M for more than 1 year and 10 months.
__________X_____________
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080004266
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