IN THE CASE OF:
BOARD DATE: 23 October 2008
DOCKET NUMBER: AR20080009133
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 43D (Shoe Repair).
2. The applicant states that he never had any school training in making shoes. He also adds that after basic combat training, he was reassigned to Fort Lee, Virginia, where he spent 6 weeks restricted to the barracks and that the Army was supposed to reclassify him, but it did not happen. He was shipped to Germany and he was assigned to the 56th Quartermaster Battalion. From there, he was transferred to another unit due to lack of a MOS, and he served in three different companies, one of which was the 66th Signal Battalion, testing military personnel and their dependents for their civilian drivers licenses. He was then shipped to Vietnam and served with the 148th Quartermaster Battalion and the 148th Supply and Service Company. His last assignment was with the 14th Quartermaster Company at Fort Lee, Virginia.
3. The applicant did not provide any additional documentary evidence 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 applicants records show that he enlisted in the Regular Army for a period of 3 years on 19 October 1964. He completed basic combat training and advanced individual training and was awarded MOS 43D. The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.
3. Headquarters, U.S. Army Training Center, Infantry, Fort Dix, New Jersey, Special Orders Number 301, dated 4 December 1964, show the applicant was scheduled to attend the 6-week Shoe Repair Training Course (Course Number 10-R-462.2) at Fort Lee, Virginia.
4. Item 22 (Military Occupational Specialties) of the applicants DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded MOS 43D on 19 February 1965.
5. Item 38 (Record of Assignments) of the applicants DA Form 20 also shows he held MOS 43D and performed duties of 43D throughout his military service.
6. Company A, 56th Quartermaster Battalion, Unit Orders Number 43, dated 28 June 1965, show the applicant was promoted to private first class (PFC)/E-3 in MOS 43L, also a Shoe Repairman.
7. Headquarters 148th Quartermaster Company (Direct Support), Unit Orders Number 31, dated 21 June 1966, show the applicant was promoted to SP4/E-4 in MOS 43D.
8. Headquarters, 66th Ordnance Battalion, Special Orders Number 132, dated 20 July 1965, show the applicant was assigned to the 546th Ordnance Company in MOS 43D.
9. The applicants records show he was honorably released and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 18 October 1967. Item 23a (Specialty Number and Title) of the applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), shows the entry 43D2O Shoe Repair.
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. Chapter 2 of this Regulation contains guidance on the preparation of the DD Form 214. Item 23 of the version of the DD Form 214 in effect at the time reflects the primary specialty held at the time of separation or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was not trained in MOS 43D.
2. The evidence of record shows the applicant was awarded MOS 43D on
19 February 1965 and he held this MOS throughout his military service. The MOS listed on his DD Form 214 is consistent with that shown on his promotion orders, and reassignments orders. There is no evidence in the available record and the applicant did not provide any substantiating evidence that shows he was trained in a different MOS. Therefore, the entry on his DD Form 214 is correct.
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 this requirement. Therefore, there is insufficient evidence to grant the applicant relief in this case.
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.
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.
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