IN THE CASE OF:
BOARD DATE: 24 FEBRUARY 2009
DOCKET NUMBER: AR20080016667
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show secondary military occupational specialty (MOS) 75B (personnel administrative specialist).
2. The applicant states, in effect, that she was sent on temporary duty for MOS 75B school in Germany.
3. The applicant provides no documentary evidence in support of her 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 enlisted in the Regular Army on 8 August 1984 for a period of
4 years for MOS 63W (wheel vehicle repairer). She successfully completed basic and advanced individual training in MOS 63W. Orders, dated 17 October 1984, show she was awarded primary MOS 63W. On 7 May 1989, she was released from active duty.
3. Item 11 on the applicants DD Form 214 shows her primary MOS is 63W. This item does not show a secondary MOS.
4. There is no evidence of record which shows the applicant was awarded MOS 75B.
5. Item 17 (Civilian Education and Military Schools) on the applicants DA Form 2-1 (Personnel Qualification Records) does not show that she attended MOS 75B school.
6. 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:
There is no evidence of record, and the applicant has provided no evidence, which shows she was awarded MOS 75B. Therefore, there is insufficient evidence on which to amend item 11 on her DD Form 214.
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.
ABCMR Record of Proceedings (cont) AR20080016667
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ABCMR Record of Proceedings (cont) AR20080016667
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