IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080013982
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 that item 11 (Primary Specialty Number, Title and Years and Months in Specialty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show military occupational specialty (MOS) 54B (chemical operations specialist).
2. The applicant states, in effect, that he attended the U.S. Army Chemical School at Fort McClellan for MOS 54C (smoke operations specialist) after basic training in 1986, which was later redesignated MOS 54B upon completion of the required training.
3. The applicant provides a certificate of training for MOS 54B; a DA Form
2166-7 (NCO Evaluation Report) for the period from June 1989 to October 1989; and a DA Form 1059 (Service School Academic Evaluation Report) 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. Having prior service, the applicant enlisted in the Regular Army on 16 July 1986. His enlistment contract shows he enlisted for MOS 54C1O. His DD Form 214 shows that he completed the 7-week smoke operations course in 1986.
3. The applicant provided a certificate of training which shows he completed the 80-hour 54B MOS Transition Training Course during the period 17 to 28 October 1988.
4. Orders, dated 25 May 1989, show the applicant was promoted to sergeant in primary MOS 54B2O effective 1 June 1989.
5. On 10 October 1989, the applicant was honorably discharged.
6. Item 11 on the applicant's DD Form 214 for the period ending 10 October 1989 shows his primary MOS was 63Y2O0000 (track vehicle mechanic).
7. There is no evidence of record which shows the applicant was awarded MOS 63Y.
8. Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, stated that MOS 54C was redesignated MOS 54B in October 1986.
9. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation, in effect at the time, provided in pertinent part, that MOS codes, titles, years, and months would be entered in item 11.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant enlisted for MOS 54C which was later redesignated MOS 54B. Evidence of record also shows he was awarded primary MOS 54B2O effective 1 June 1989. Therefore, item 11 on his DD Form 214 should be corrected to show this MOS.
BOARD VOTE:
___XX_____ ___XX_____ ___XX_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry, "P 63Y2O0000 TRACK VEH MECH" in item 11 on his DD Form 214; and
b. adding the entry, "P 54B2O0000 CHEMICAL OPERATIONS SPECIALIST
3 YRS 1 MO" in item 11 on his DD Form 214.
_______XXXX_______________
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) AR20080013982
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080013982
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120007955
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his primary military occupational specialty (MOS) as 54B (Chemical Operations Specialist). There is no evidence he was awarded an MOS. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 11 of his DD Form 214 to show 54B1O, Chemical Operations Specialist, 1 year and 9 months.
ARMY | BCMR | CY2013 | 20130011989
The applicant provides copies of his DD Form 214, Enlisted Record Brief (ERB), promotion orders to pay grade E-7, and a printout from an Army MOS website. Item 11 of the DD Form 214 is intended to show MOSs held during the current period of service, not how long a Soldier served in a particular duty MOS or at a particular skill level. Item 11 of the applicant's DD Form 214 is incorrect in that he held MOS 74D4O when he retired.
ARMY | BCMR | CY2011 | 20110013174
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 2006 to show military occupational specialty (MOS) 74D5M/H (Chemical, Biological, Radiologic, and Nuclear Specialist) as her primary MOS (PMOS) and the correct periods of time that she held her PMOS, secondary MOS (SMOS), and additional MOS (AMOS). A calculation of the period of time the applicant held each MOS during the period of active duty under...
ARMY | BCMR | CY2009 | 20090006322
Application for correction of military records (with supporting documents provided, if any). The list of awards entered in item 9 (Awards and Decorations) of the applicant's DA Form 2-1 does not include the Basic Aviation Badge and there are no orders or other documents on file that indicate he was ever awarded this badge. The applicant's record fails to show he served in an MOS 68G position and/or was on flight status during his tenure of assignment in the CTARNG, or that he ever...
ARMY | BCMR | CY2010 | 20100025851
The applicant requests his DD Form 214 (Report of Separation from Active Duty) for the period ending 29 June 1979 be corrected to show that he: * Completed the Chemical Operations Specialist Reclassification Course * Was awarded military occupational specialty (MOS) 54B (Nuclear, Biological, and Chemical Specialist) 2. He was awarded MOS 00E in August 1977 and served in this MOS until he was discharged in June 1979. He did not receive an MOS evaluation in this MOS.
ARMY | BCMR | CY2013 | 20130003010
The applicant requests correction of her DA Form 2-1 (Personnel Qualification Record - Part II) to show she was assigned to A Company, 24th Signal Battalion, vice 91st Chemical Company in 1987. While at Fort Stewart, she was assigned to the: * 91st Chemical Company in duty MOS 54E, Decontamination Noncommissioned Officer (NCO), from 2 September 1987 through 5 May 1989 * F Company, 724th Support Battalion in duty MOS 54E, Nuclear, Biological, and Chemical (NBC) NCO, from 6 May 1989 through 3...
ARMY | BCMR | CY2009 | 20090006037
Application for correction of military records (with supporting documents provided, if any). In addition, the applicant's two DD Forms 214 show that the applicant's name of record is correctly recorded on these two documents. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his 20 February 1991 DD Form 214 by: a. adding to item 11 the entry "62F1O, Lift and Load Equipment Operator, 5 Years, 9 Months//63J2O,...
ARMY | BCMR | CY2012 | 20120000340
The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 March 1992, to show award of the Valorous Unit Award. As a new issue, he requests, in effect, correction to his DD Form 214, for the period ending 30 March 1992, to show all his awards, training, military occupational specialties (MOSs), and various schools. The evidence of record further shows he was awarded MOS...
ARMY | BCMR | CY2002 | 2002069855C070402
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant has not presented and...
ARMY | BCMR | CY2009 | 20090015023
The applicant requests, in effect, correction of his 30 April 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Vietnam, Grenada, Panama, and Southwest Asia and all awards and decorations to which he may be entitled for these duty assignments. The applicant provides * DD Forms 149 (Application for Correction of Military Records) dated 15 August 2009, 9 September 2009, and 11 September 2009 * Military Service Data documentation * DD Forms 214 for...