IN THE CASE OF:
BOARD DATE: 24 September 2008
DOCKET NUMBER: AR20080012913
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 Item 23a (Specialty Number or Title) of his separation document (DD Form 214) be corrected because he never served as a cook.
2. The applicant states, in effect, that his DD Form 214 shows his military occupational specialty (MOS) as a 94B (Cook) but he was never trained to be a cook. He was trained to be an Infantryman at Fort Carson, Colorado and Fort Bragg, North Carolina.
3. The applicant provides a copy of his DD Form 214 and Headquarters, PLEIKU SUB AREA COMMAND, Special Orders Number 266, dated 3 October 1967.
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 military personnel record shows he was inducted into the Army of the United States on 9 February 1966. He completed the necessary training and was awarded the MOS 11B (Light Weapons Infantryman).
3. Headquarters, PLEIKU SUB AREA COMMAND, Special Orders Number
42, dated 17 February 1967 shows that his primary MOS of 11B was withdrawn and he was awarded primary MOS 55A (Ammunition Storage Helper) by the authority of Army Regulation 600-200 (Enlisted Personnel Management System).
4. Headquarters, PLEIKU SUB AREA COMMAND, Special Orders Number
192, dated 21 July 1967 shows that primary MOS 94B2O was amended to read primary MOS 43B2O (Textile Repairman).
5. He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training), St. Louis, Missouri on
16 November 1967.
6. Item 23a of the applicant's DD Form 214 shows his specialty as 94B2O (Cook).
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation provides, in pertinent part, that the primary military occupational specialty (PMOS) number and title during the Soldiers period of active duty service will be entered in item 23a of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that Item 23a of his DD Form 214 should be corrected because he never served as a cook; that he had trained as an Infantryman.
2. Special Orders Number 42, dated 17 February 1967 show that the applicants primary MOS of 11B was withdrawn and primary MOS 55A was awarded to the applicant by the authority of Army Regulation 600-200.
3. Special Orders Number 192, dated 21 July 1967 amended so much of paragraph 2 of Special Orders Number 172, pertaining to the applicant. This order is not available in the applicants records. However, Special Orders
Number 192 shows that primary MOS 94B2O was amended to read primary MOS 43B2O (Textile Repairman). As such, his primary MOS in Item 23a of his DD Form 214 should read 43B2O.
4. Therefore, he is not entitled to correction of his records to show 11B2O in Item 23a of his DD Form 214.
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 primary MOS 43B2O, Textile Repairman in Item 23a of the applicants DD Form 214.
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 adding MOS 11B2O, Infantryman in Item 23a of his DD Form 214.
__________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) AR20080012913
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ABCMR Record of Proceedings (cont) AR20080012913
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