IN THE CASE OF:
BOARD DATE: 26 MARCH 2009
DOCKET NUMBER: AR20080019872
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect in block 4 (Department, Component, and Branch or Class) that his branch was "Engineer" (ENGR) instead of "Quartermaster" (QMC), as currently reflected.
2. The applicant states that he served in an engineer unit in Vietnam from 1969 to 1970 and his branch should reflect that he was a member of the Engineer Branch.
3. The applicant provides no additional documents with 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. The applicant enlisted in the Regular Army on 26 July 1946 and served as a light weapons infantryman in the Infantry Branch until he was honorably released from active duty on an unknown date in Oct 1948.
3. He again enlisted in the Regular Army on 19 October 1948 and served as a light weapons infantryman. He served as a military policeman in the Military Police Branch and in March 1965, he was assigned as a supply sergeant in an infantry company in Korea.
4. When he departed Korea he was transferred to Fort Leonard Wood, Missouri and was assigned as a supply sergeant in a basic training company. On
18 March 1969 the applicant promoted to the rank/pay grade of sergeant first class (SFC)/E-7 and was awarded the primary military occupational specialty (PMOS) of 76Z (Senior Supply Sergeant). He continued to be assigned to supply positions for the remainder of his career, to include an assignment as a supply sergeant in an engineer company in Vietnam from December 1969 to November 1970.
5. On 31 March 1971, while assigned to Fort Monmouth, New Jersey as a senior supply sergeant, the applicant was honorably released from active duty (REFRAD) due to length of service, in the rank of SFC. He was transferred to the Retired List, effective 1 April 1971. He had served 23 years, 10 months, and 11 days of total active service. His DD Form 214 issued at the time of his REFRAD reflects in block 4 that his branch was "QMC," indicating that he was a member of the Quartermaster Corps.
6. A review of his DA Form 20 (Enlisted Qualification Record) indicates that at the time of his REFRAD, his primary MOS was 76Z (Senior Supply Sergeant) and his secondary MOS (SMOS) was 95B (Military Policeman). There is no evidence in the applicant's official records which reflects that he held an Engineer Corps MOS.
7. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia contains a listing of all primary MOS's and the branches that correspond to each MOS. It provides, in pertinent part, that MOS 76Z is affiliated with the Quartermaster Corps and personnel who possess a primary MOS of 76Z are required to wear the Quartermaster insignia.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect that he was affiliated with the Engineer Corps instead of the Quartermaster Corps has been noted and found to lack merit. The applicant's official record contains no evidence that the applicant ever held a PMOS that was affiliated with the Engineer Corps.
3. Branch affiliation in the Army is determined by the PMOS an individual holds at the time and is subject to change when an individual changes their PMOS. In the applicant's case, his branch changed from Infantry to Military Police and finally to the Quartermaster Corps.
4. The evidence of record clearly shows that he held a PMOS of 76Z and that his branch was affiliated with the Quartermaster Corps. Accordingly, his DD Form 214 correctly reflects his branch at the time of his retirement and he has failed to show through evidence submitted with his application and the evidence of record that his branch was other than what is reflected on his DD Form 214. Accordingly, there appears to be no basis to grant the applicant's request.
5. In order to justify correction of a military record the applicant must provide, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ __X______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
________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) AR20080019872
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