BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090005381 


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 correction of his DD Form 214 (Report of Separation from Active Duty) dated 7 April 1977 to show his military occupational specialty (MOS) as 11B4O instead of 11B2O.  

2.  The applicant did not make a statement.  

3.  The applicant provides a copy of his DD Form 214, dated 23 May 1974, in support of his 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 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 records show that he was inducted into the Army of the United States on 24 August 1966.  He completed basic combat and advanced individual training and was awarded MOS 57H (Cargo Handler).  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 (Temporary) on 20 June 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation.

3.  The applicant’s records also show he enlisted in the Regular Army (RA) in the rank/grade of private (PV2)/E-2 for a period of 3 years on 30 December 1968 and he was trained in and awarded MOS 71N (Traffic Management Coordinator).  He was honorably separated in the rank/grade of specialist five (SP5)/E-5 on
28 August 1971 and he was transferred to the USAR Control Group (Reinforcement).

4.  The applicant’s records further show he enlisted in the RA in the rank/grade of private first class (PFC)/E-3 for a period of 3 years on 27 March 1972 and he was awarded MOS 11B (Infantryman).  He was honorably discharged in the rank/grade of SGT/E-5 on 23 May 1974.  Item 16a (Primary Specialty Number and Title) of the DD Form 214 he was issued for this period of service shows, in part, the entry "11B4O Inf."

5.  The applicant’s records also show he reenlisted in the RA in the rank/grade of SGT/E-5 for a period of 4 years on 24 May 1974 and he was honorably discharged in the rank/grade of SGT/E-5 on 7 April 1977.  Item 16a of the DD Form 214 he was issued for this period of service shows the entry "11B2O Infantry" and item 17a (Secondary Specialty Number and Title) shows the entry "71N2O Traffic Management Coordinator."

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Items 16a and 16b of the version in effect at the time list the primary and secondary MOS the Soldier held at the time of his/her separation.  For an enlisted Soldier, the entry shows the first 5 characters of the primary and/or secondary MOS code which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable.  

7.  Army Regulation 611-201 (MOS and Structure) lists enlisted MOSs and establishes the standards of grade for each MOS.  It states, in pertinent part, that the MOS code (MOSC) consists of nine characters.  The MOSC is used in active and Reserve records, reports, authorization documents, and other personnel management systems.  The first two characters of the MOS are always numbers and the third character is always a letter.  The two-digit number is usually (but not always) synonymous with the Career Management Field (CMF).  The fourth character of the MOSC represents the skill level (commensurate with rank and grade) as follows: a "0" is used to identify personnel undergoing training for award of a primary MOS (PMOS); a "1" identifies a private (PVT/E-1) through specialist (SPC)/E-4 or corporal (CPL)/E-4 (and SP4 for older ranks); a "2" identifies a sergeant (SGT)/E-5; a "3" identifies staff sergeant (SSG)/E-6; a "4" identifies a sergeant first class (SFC)/E-7, and a "5" identifies a master sergeant (MSG)/E-8, first sergeant (1SG)/E-8, or sergeant major (SGM)/E-9.

8.  Prior to 1 January 1974, the MOSC skill level identified a type and degree of skill that represented the extent of qualification within the total MOS.  Basically, the skill level separated supervisory from nonsupervisory skills and indicated the level of qualification within each.  Effective 1 January 1974, the skill level identifies skills, proficiency, or ability typically required for successful performance at the grade with which the skill level is associated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his MOS on his 1977 DD Form 214 should be listed as 11B4O instead of 11B2O.  

2.  The evidence of record shows that the applicant held the primary MOS of 11B and the secondary MOS of 71N at the time of his discharge on 7 April 1977.  Furthermore, he was honorably discharged in the rank/grade of SGT/E-5.  The skill level that was commensurate with the applicant’s rank/grade of SGT/E-5 at the time of his separation was "2" not "4," which is correctly shown on his DD Form 214.  Therefore, there is no error or injustice in his record.  Further, the error appears to be with his May 1974 DD Form 214.  The policy had changed in January 1974.  As an E-5, the applicant's skill level should have been shown as "2" on his May 1974 DD Form 214.

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 did not submit evidence that would satisfy this requirement.  Therefore, there is insufficient evidence to grant him the requested relief.


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)                                         AR20090005381



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ABCMR Record of Proceedings (cont)                                         AR20090005381



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