IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080008559
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, that military occupational specialty (MOS)
91A (Medical Equipment Repairer) and MOS 91E (Dental Hygienist) should be added to Item 23a of his separation document (DD Form 214).
2. The applicant states, in effect, that MOS 91A and MOS 91E should be added to his DD Form 214.
3. The applicant provides his Enlisted Qualification Record (DA Form 20) and DD Form 214 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 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. The applicant's record shows that he enlisted in the Regular Army and entered active duty on 21 August 1961, and completed advanced individual training (AIT) in MOS 91A on 23 November 1961.
3. Item 23 (Military Occupational Specialties) of the applicant's DA Form 20 shows he was awarded MOS 42D (Dental Lab Specialist) on 24 March 1962, MOS 91E on 20 April 1967, and MOS 42F (Dental Fixed Prosthetic Specialist) on 16 October 1967. This item further shows that MOS 42F was his primary MOS (PMOS) and MOS 91E was his secondary MOS (SMOS) at the time of his discharge.
4. Item 38 (Record of Assignments) shows that the applicant was assigned to an MOS 42F position on 5 January 1967, and that he continued to work in that MOS through his release from active duty on 29 June 1969. Item 38 contains no entries indicating the applicant was ever assigned to an MOS 91A or 91E position during his active duty tenure.
5. On 29 June 1969, the applicant was honorably discharged, in the rank of specialist six (SP6), after completing a total of 7 years, 10 months, and 9 days of active military service. The DD Form 214 he was issued at that time contains the entry 42F20 in Item 23a, and the applicant authenticated the separation document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his discharge.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant's discharge stated to enter the primary MOS held on the date of separation in Item 23a. There were no provisions for entering secondary or additional MOSs.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that MOS 91A and MOS 91E should be included in Item 23a of his DD Form 214 was carefully considered. However, there is insufficient evidence to support this claim.
2. The regulation in effect at the time provided for entering only the PMOS held on the date of separation in Item 23a of the DD Form 214. There were no regulatory provisions for entering secondary or additional MOSs in effect at the time of the applicant's discharge.
3. The evidence of record confirms the applicant completed AIT in MOS 91A and that he was awarded MOS 91E as a SMOS on 20 April 1967. However, his record of assignments fails to show he was ever assigned to a position authorized either of the MOSs in question. As a result, given the regulation in effect at the time of his discharge provided no provisions for entering secondary or additional MOSs in Item 23a of the DD Form 214, and since it appears he never actually worked in position authorized either of the MOSs in question, there appears to be no error or injustice related to the MOS entry on his DD Form 214. Therefore, there is an insufficient evidentiary basis to support granting the requested relief.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ 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.
_______ 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) AR20080008559
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ABCMR Record of Proceedings (cont) AR20080008559
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