IN THE CASE OF:	  

		BOARD DATE:	        7 August 2008

		DOCKET NUMBER:  AR20080007236 


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 records to show his military occupational specialty (MOS) as "71B3O" instead of "71B2O." 

2.  The applicant states that he earned MOS 71B3O, but all his records, including his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show 71B2O instead of 71B3O. 

3.  The applicant provides a copy of his DD Form 214, dated 17 August 1970, and a copy of DA Form 87 (Certificate of Training), dated 15 March 1968, showing completion of MOS 71B3O, in support of his request.

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 he enlisted in the Regular Army for a period of 3 years on 23 October 1967.  He completed basic combat and advanced individual training and was awarded MOS 71B (Clerk Typist).  The highest rank he attained during his military service was specialist four (SP4)/E-4.

3.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entries "71B2O, Clerk Typist, 15 March 1968." 

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows the applicant completed advanced individual training at Fort Jackson, South Carolina, in MOS 71B2O.  Furthermore, Item 38 also shows the applicant performed duties in MOS "71B3O" and "71D2O (Legal Clerk)" during his assignment to Korea and performed duties in MOS "71H (Personnel Specialist)" and "71B2O" during his assignment to Fort Lewis, Washington.

5.  Headquarters, Eighth Field Artillery Support Command, Special Orders Number 311, dated 15 November 1968, show the applicant was promoted to SP4/E-4 and awarded MOS 71B2O, effective 30 October 1968.

6.  Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington, Special Orders Number 209, dated 28 July 1970, show the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement), effective 18 August 1970, in the rank/grade of SP4/E-4 and MOS 71B2O.

7.  Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington, Special Orders Number 228, dated 16 August 1970, show the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement), effective 18 August 1970, in the rank/grade of SP4/E-4 and MOS 71B2O.

8.  The applicant's record is void of Special Orders that show he was awarded MOS 71B3O or that he was promoted beyond the rank/grade of SP4/E-4.

9.  The applicant's records show he was honorably released from active duty on 17 August 1970 and transferred to the USAR Control Group (Reinforcement).  Item 23a (Specialty Number and Title) of the applicant's DD Form 214, dated 17 August 1970, shows the entry "71B2O Clerk Typist." 

10.  The applicant submitted a copy of his Certificate of Training, dated 15 March 1968, that shows he successfully completed the "Clerk Typist Course MOS 71B3O" at Headquarters, U.S. Army Training Center, Fort Jackson, South Carolina.  
11.  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 21 of the version in effect at the time showed the Soldier's primary MOS and title at the time of his/her separation.

12.  Paragraph 2-32 of Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, stated that the primary MOS has significance in that it represents an investment of time, money, and experience in an individual by the Army and it is counted as an asset in the Army inventory of skills; the inventory, in turn, serves as a basis for determining training requirements, promotion quotas, and other actions of individual and Army-wide importance.  Re-designation of PMOS was mandatory upon withdrawal of PMOS; upon completion of any training or retraining action permitted by current Army circulars listing surplus and shortage MOS for use in specific personnel actions; upon direction of Headquarters, Department of the Army; and upon appointment to a higher grade in MOS other than currently designated PMOS.  In such instances, MOS in which appointment is made will be designated PMOS. 

DISCUSSION AND CONCLUSIONS:

1.  The skill level "3" in the Soldier's MOS indicates a promotion or appointment to a higher grade, that of sergeant; yet, there is no evidence in the available record that the applicant was appointed or promoted beyond SP4/E-4.  Furthermore, there is no evidence in the applicant's records and the applicant did not provide any evidence that shows he was awarded MOS 71B3O.  

2.  It is not clear why his certificate of training shows his MOS as 71B3O despite his rank of private (PVT/E-1) at the time he completed this training.  Nevertheless, in the absence of MOS orders, promotion orders, appointment orders, and/or the authority for this MOS, there is insufficient evidence to grant the applicant the requested 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.



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               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)                                         AR20080007236



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ABCMR Record of Proceedings (cont)                                         AR20080007236



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