IN THE CASE OF:	  

		BOARD DATE:	       24 September 2008

		DOCKET NUMBER:  AR20080005626 


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 that his DD Form 214 (Report of Separation From Active Duty) be corrected to show his primary military occupational specialty code (PMOSC) as 31S3H and his secondary military occupational specialty code (SMOSC) of 31B3O.

2.  The applicant states he is applying for a transcript for further education and needs his records corrected to receive proper credit under the American Council of Education requirements.

3.  The applicant provides copies of his DD Form 214, United States Army Regional Personnel Center Frankfurt Orders 241-12, and United States Army Regional Personnel Center Frankfurt Orders 242-03. 

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 enlisted in the Army Reserve (USAR) on 25 August 1972.  He served on initial active duty for training (IADT) from 17 November 1972 through 21 April 1973. 

3.  During his IADT period, the applicant completed training and was awarded the military occupational specialty (MOS) of 31S, Field General Communications Security (COMSEC) Repairman.

4.  The applicant served in the USAR until 20 February 1975 when he enlisted in the Regular Army.

5.  United States Army Regional Personnel Center Frankfurt Orders 241-12, dated 29 August 1977, promoted the applicant to specialist 5 (SP5) in the PMOSC 31S3H.

6.  United States Army Regional Personnel Center Frankfurt Orders 242-03, dated 30 August 1977, awarded the applicant the SMOS of 31B30.

7.  The applicant's enlisted evaluation reports show his PMOSC, duty MOSC (DMOS), and SMOSC as follows: in 1977 as 31S2H, 31S2O, and 31B2O; in 1978 as 31S2O, 31S2O, and 31V2O; and in 1979 as 31S2O, 31S2O, and 31V2O.

8.  A 12 January 1978 Enlisted Evaluation Report shows a PMOSC of 31S3H.

9.  A 10 January 1979 Enlisted Evaluation Report shows a PMOSC of 31S3H.

10.  The applicant was honorably discharged on 14 August 1979 as a specialist five.  His DD Form 214 lists his PMOSC as 31S2H and his SMOSC as 31V20.

11.  His DA Form 2-1 (Personnel Qualification Record) shows award of the MOSC of 31S2H on 17 July 1975 and the MOSC of 31V2O on 1 March 1978.  His record of assignments shows a DMOSC, on 15 March 1975, of 31S20; on 25 July 1975, of 31S2H; on 14 October 1975, of 31U2O (Signal Support Systems Specialist); on 18 November 1976, of 31U4H; and on 20 August 1976, a reversion to 31S2O for the remainder of his period of service.



12.  Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation) prescribe the policies and responsibilities for developing, maintaining, evaluating, and revising of the military occupational specialty classification and structure.  In pertinent part, as then in effect, it stated the following:

   a. the MOSC contains five characters and provides more specific occupational identity than the MOS alone.  The MOSC is used to classify both personnel and positions in authorization documents.  The elements of the MOSC are as follows: 
   
   (1)  the first three characters are a three-character numeric-alpha combination that identifies the MOS without regard to level of skill.  The first two characters relate to the career management field (CMF) MOS and the third specifies the specific area within that CMF;
   
   (2)  the fourth character is a number showing skill and grade level in the MOS;
   
   (3)  the fifth character may be a letter or a number that reflects any special qualification identifiers (SQI), common to a number of positions and MOS.  DA Pam 611-21 describes authorized SQI codes; and 
   
   (4)  changes to the MOSC may occur to reflect technological developments, changes in doctrine, force structure, functions, missions, or to correct performance deficiencies. 
   
13.  Department of the Army Pamphlet 611–201 (Enlisted Career Management Fields and Military Occupational Specialities) gives the procedures and prescribes the method of developing, changing, and controlling officer, warrant officer, and enlisted military occupational classification structure.  In pertinent part the current and historical versions of this regulation provide the following:

   a. in 1979, the MOS 31B was utilized for personnel trained as a Field Communications Electronics Equipment Mechanic.  This MOS was rescinded in the 1980s and is currently utilized for personnel trained as Military Police;
   
   b.  in the 1979, the MOS 31S was utilized for personnel trained as a Field General Communications Security (COMSEC) Equipment Repairman, skill levels 1 - 4.  In 1985 this code was rescinded.  In the 1990s the MOS was reissued to designate personnel trained as Satellite Communication Systems Operator-Maintainers;  
   
   c. in 1979, the 31U MOS was used for personnel trained as Tactical Communications System Maintenance Chief, skill levels 3 and 4;
   
   d. in 1977 the 31V MOS was used for personnel trained as a Tactical Communications System Operator-Mechanic, skill levels 1 and 2.  This MOS was not utilized in 1979;  
   
   e. an SQI of “H” is a designation for personnel trained as instructors and the letter "O" is inserted as the fifth character when a position does not require special qualifications or an individual is not qualified for award of an SQI.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are incomplete and inconsistent as to what his official MOSC was at different points during his military career.  Further, with the changes in what the specific MOSCs involved in this case were and now are used for, the more important denotation on the DD Form 214 is the title of the occupation and specialty and skill level.  

2.  Based on the only orders contained in the record, the applicant's last officially recorded PMOSC was 31S3H and his last official SMOSC was 31B30.

3.  The record contains no documentation to show that the MOSCs awarded in 1977 were changed or deleted.  Therefore, it is appropriate to correct the applicant's DD Form 214 to show he was awarded the PMOS of 31S3H (Field General Communications Security Equipment Repairman Instructor),and SMOSC of 31B30 (Field Communications Electronics Equipment Mechanic Supervisor).


BOARD VOTE:

____X___  ____X___  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on the applicant's DD Form 214 that he was awarded the PMOS of 31S3H (Field General Communications Security Equipment Repairman Instructor),and SMOSC of 31B30 (Field Communications Electronics Equipment Mechanic Supervisor).




      _______ _   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)                                         AR20080005626



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ABCMR Record of Proceedings (cont)                                         AR20080005626



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