IN THE CASE OF:	  

		BOARD DATE:	  	  29 January 2009

		DOCKET NUMBER:  AR20080017854 


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 of the military occupational specialty (MOS) that is recorded on his discharge document.

2.  The applicant states, in effect, he has orders showing that his primary MOS (PMOS) was changed from PMOS 76V2O (Equipment Storage Specialist) to PMOS 76V4O (Equipment Storage Noncommissioned Officer).

3.  The applicant provides copies of Headquarters, 172nd Infantry Brigade (Alaska), Special Orders 240, dated 28 August 1975 (back page); DA Form 2-1 (Personnel Qualification Record), Section VII (Current and Previous Assignments); and two DD Forms 214 (Reports of Separation from Active Duty) with effective dates of 19 August 1974 and 19 August 1978.

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 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 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 personnel records show he enlisted in the Regular Army for a period of 3 years and entered active duty on 31 December 1970.  Upon completion of basic combat and advanced individual training, he was awarded MOS 76V1O (Equipment Storage Specialist).  The applicant’s records show he served in the Republic of Vietnam from 28 May 1971 to 17 March 1972.

3.  The applicant's military personnel records contain a DA Form 2-1.

     a.  Item 6 (Military Occupational Specialties) shows he was awarded MOS 76V on 30 April 1971 and awarded PMOS 76V2O on 28 August 1978.

     b. Item 17 (Civilian Education and Military Schools), in pertinent part, shows that he completed the 8-week Equipment Storage Specialist (76V) course at the Quartermaster School (Fort Lee, Virginia) in 1971.

     c.  Item 18 (Appointments and Reductions), in pertinent part, shows he was promoted to the rank of sergeant (SGT) with a date of rank of 4 April 1975.

     d.  Item 35 (Record of Assignments), in pertinent part, shows the applicant served in Duty MOS Code (MOSC) 76V2O from 18 January 1975 through
4 February 1978.  This item also shows he served in Duty MOSC 76V3O from
5 February 1978 to 19 August 1978.

4.  The applicant's military personnel records contain a DD Form 214 that shows he entered active duty this period on 31 December 1970 and was honorably discharged for the purpose of immediate reenlistment on 25 July 1973.  At the time he had completed 2 years, 6 months, and 25 days of net service this period.  Item 23a (Specialty Number and Title) shows the applicant was awarded and held MOS 76V2O at the time of his discharge.

5.  The applicant's military personnel records contain a DD Form 214 that shows he entered active duty this period on 26 July 1973 and was honorably discharged for the purpose of immediate reenlistment on 19 August 1974.  At the time he had completed 1 year and 24 days of net service this period; 2 years, 6 months, and 25 days of prior active service; and 3 years, 7 months, and 19 days of total active service.  Item 16a (Primary Specialty Number and Title) shows the applicant was awarded MOS 76V on 30 April 1971 and he held MOS 76V2O as his PMOS at the time of his discharge.

6.  The applicant’s military personnel records contain a copy of Headquarters, 172nd Infantry Brigade (Alaska), Special Orders Number 108, dated 18 April 1975, that shows the applicant was promoted to the rank of specialist 5 (SP5) with a date of rank (DOR) of 4 April 1975, effective 1 May 1975, and the MOS in which he was promoted was PMOS 76V2O.

7.  The applicant’s military personnel records contain a copy of Headquarters, 172nd Infantry Brigade (Alaska), Special Orders 240, dated 28 August 1975.  These orders, in pertinent part, amended Headquarters, 172nd Infantry Brigade (Alaska), Special Orders 108, dated 18 April 1975, to show the applicant was promoted to the rank of SGT (vice SP5).  PMOS 76V2O was withdrawn, and he was awarded and promoted in PMOS 76V4O.

8.  The applicant's military personnel records contain a DA Form 2166-5 (Enlisted Evaluation Report) for the period September 1974 through November 1975.  Part I (Personal Data), block E (PMOSC) shows the applicant held PMOS 76V4O.

9.  The applicant's military personnel records contain a DA Form 2166-5 for the period December 1975 through November 1976.  Part I, block E, shows the applicant held PMOS 76V4O.

10.  The applicant's military personnel records contain a DA Form 2166-5 for the period September 1977 through December 1977.  Part I, block E, shows the applicant held PMOS 76V2O.

11.  The applicant's military personnel records contain a USAREC Form 10A (Enlisted Evaluation Data Report), dated 8 March 1978.  Section I (Identification), block e (PMOS) shows the applicant held PMOS 76V2O.

12.  The applicant's military personnel records contain a DA Form 2, prepared on 19 May 1978.  Item 16 (Primary MOSC) contains the entry “76V2O.”

13.  The applicant's military personnel records contain a DD Form 214 that shows he entered active duty this period on 20 August 1974 and was honorably discharged on 19 August 1978.  At the time he had completed 4 years of net service this period; 3 years, 7 months, and 19 days of prior active service; and 
7 years, 7 months, and 19 days of total active service.  Item 6a (Grade, Rate or Rank) shows the entry “SGT” and Item 6b (Pay Grade) shows the entry “E-5.” Item 16a shows the applicant was awarded MOS 76V on 30 April 1971 and that he held MOS 76V2O at the time of his discharge.

14.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) provides the enlisted MOS classification structure for the U.S. Army.  Chapter 3 (Career Management Field Charts, Descriptions, and MOS Specifications), Career Management Field (CMF) 76, Storage Specialist  (MOS 76V), in effect at the time of the applicant’s discharge, provided the duties, qualifications, and standards of grade authorizations for MOS 76V.  This document shows that the authorized MOSC for Soldiers in the rank of SGT was 76V2O.

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

16.  Section II (Preparation of DD Form 214) contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 16a, in pertinent part, state to enter the MOS code, title, and date of award.  For enlisted personnel enter the latest PMOS evaluation/Skill Qualification Test Score/Reenlistment Qualification Test Score and date of score.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show PMOS 76V4O because he was awarded the PMOS when he was promoted to the rank of SGT (E-5) on 4 April 1975.

2.  The evidence of record shows the applicant completed the 8-week Equipment Storage Specialist and was awarded PMOS 76V1O on 30 April 1971.

3.  The evidence of record shows the applicant was promoted to SGT (E-5) with a DOR of 4 April 1975 and he was awarded PMOS 76V4O.  The evidence of record also shows that the applicant held PMOS 76V4O as his PMOS through November 1976.

4.  The evidence of record shows the applicant’s Enlisted Evaluation Report for the period September 1977 through December 1977 and his Enlisted Evaluation Data Report, dated 8 March 1978, document the applicant’s PMOS was 76V2O during this period.  The evidence of record also shows that the Army regulation governing enlisted CMF and MOS, in effect at the time of the applicant’s discharge, shows that the authorized MOSC for Soldiers in the rank of SGT (E-5) was 76V2O.  Thus, the evidence of record shows that the standards of grade for MOSC 76V were changed subsequent to November 1976, but prior to the applicant's separation.  In view of all of the foregoing, the evidence of record confirms the applicant’s DD Form 214 correctly documents the applicant’s PMOS at the time of discharge on 19 August 1978.  Therefore, the applicant is not entitled to correction of his records.

5.  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.  Therefore, there is no justification 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)                                         AR20080017854



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ABCMR Record of Proceedings (cont)                                         AR20080017854



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