IN THE CASE OF:	  

		BOARD DATE:	  16 DECEMBER 2008

		DOCKET NUMBER:  AR20080013219 


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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 17 March 1972, Item 23a (Specialty Number & Title) to show the military occupational specialty (MOS) 95B (Military Police). 

2.  The applicant states, in effect, that Item 23b (Related Civilian Occupation and D.O.T. Number) shows 620.281 and this was never true.  He also states that his record of assignments show he served in MOS 95B.  Further, he states that he is applying for disability compensation and he needs his MOS corrected.

3.  The applicant provides in support of his application a copy of his DA Form 20 (Enlisted Qualification Record), page 3; and his release from active duty (REFRAD) orders.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provided no request or statement and submitted no additional documentation on behalf of the applicant's 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 the3-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 military records show he enlisted in the Regular Army, in pay grade E-1, on 16 June 1969, for 3 years.  He completed basic combat and advanced individual training and upon completion of the required training he was awarded primary MOS 62A, Engineer Equipment Assistant, on 2 December 1969.  The applicant was later awarded secondary MOS 63A, Mechanic Helper, on 13 October 1970.  The applicant's MOS was later changed to 63B upon his promotion to E-4 on 18 May 1971.  He was awarded MOS 62B as his secondary MOS on 18 May 1971.

3.  The applicant's DA Form 20, Record of Assignments, shows he served in MOS 11B (Honor Guard) from 19 March to 12 May 1970 and in MOS 95B from 28 August 1971 to 10 March 1972.

4.  The applicant submitted a copy of his REFRAD Special Orders Number 77, dated 17 March 1972, that lists his MOS as 95B.  

5.  The applicant was REFRAD, in pay grade E-4, on 17 March 1972, as an overseas returnee.  He was transferred to the United States Army Reserve Control Group (Reinforcement).  His DD Form 214, Item 23a shows the MOS 62B.  Item 23a also shows the applicant was awarded MOS 62B on 18 May 1971.  Item 23b shows the civilian occupation code of 620.281. 

6.  Army Regulation 635-5, in effect, at the time, governed the preparation of the DD Form 214.  It states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Item 23a would list the Soldier's primary MOS code number and title. If the specialty represented by the MOS had a related civilian occupation, Item 23b would list the appropriate job title and code number from the dictionary of occupational titles (D.O.T.).  If not applicable, "N/A" would be entered in Item 23b.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that Item 23a of his DD Form 214, should reflect the MOS 95B.  The evidence of record shows the applicant served in MOS 95B during his period of active duty; however, there is insufficient evidence to show he was ever awarded the MOS as his primary or as his secondary MOS. Neither the evidence submitted with the application nor the evidence of record supports his request nor does it establish that Item 23a of his DD Form 214 should reflect MOS 95B.  The applicant is therefore not entitled to a correction of Item 23a of his DD Form 214.  It is noted that Item 23a erroneously does not reflect his primary MOS of 63B2.

2.  The applicant's REFRAD orders show his MOS as 95B in the standard name line.  However, this appears to be an administrative error based on the applicant serving in that MOS at the time the orders were processed.  In view of the preponderance of the evidence, those orders are an insufficient basis for changing Item 23a to read the same.  

3.  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.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080013219



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ABCMR Record of Proceedings (cont)                                         AR20080013219


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