IN THE CASE OF:
BOARD DATE: 20 AUGUST 2009
DOCKET NUMBER: AR20090005410
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Item 23a (Specialty Number & Title), to show the military occupational specialty (MOS) 12A, Pioneer.
2. The applicant states, in effect, that Item 23a should reflect the MOS 12A because he was trained as pioneer at Fort Leonard Wood, Missouri, on 6 January 1967. He also states that the MOS 12A is listed on his DA Form 20 (Enlisted Qualification Record) as his primary MOS and then crossed out. He also states that he recently joined a veteran's organization and would like to have this error fixed.
3. In support of his application, the applicant provides a copy of page 1 of his DA Form 20.
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's military records show he was inducted into the Army of the United States, in pay grade E-1, on 18 October 1966, for 2 years. He completed basic and advanced individual training and was awarded MOS 12A.
3. The applicant's DA Form 20, Item 22 (MOS) shows he was awarded primary MOS 12A on 3 March 1967 and this entry is lined through. Item 22 also shows he was awarded primary MOS 52F on 27 December 1967. Item 27 (Military Education) shows he completed the 8-week Pioneer Course for MOS 12A, at Fort Leonard Wood, in 1967. Item 38 (Record of Assignments) shows his duty MOS was 12A from 16 April to 23 August 1967.
4. On 27 December 1967, the applicant was promoted to pay grade E-4 and he was awarded MOS 52F, Electrician, as his primary MOS, based on his promotion, and MOS 12A was withdrawn. He served in the MOS 52F from 24 August 1967 to 25 March 1968 and from 30 April to 16 October 1968.
5. The applicant was released from active duty, in pay grade E-4, on 17 October 1968, at the expiration of his term of service and was transferred to the United States Army Reserve Control Group (Annual Training).
6. Item 23a of the applicant's DD Form 214 shows the MOS 52F, Electrician. Item 23b (Related Civilian Occupation and D.O.T. Number) shows the entry, "824.281, Electrician."
7. Army Regulation 635-5 (Separation Documents), in effect, at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that the DD Form 214 provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated that Item 23a would list the Soldier's primary MOS code number and title. If the specialty represented by the MOS had a related civilian occupation, Item 23b would list the appropriate job title and code number from the D.O.T. (dictionary of occupational titles). If not applicable, "N/A" would be entered in Item 23b. There were no provisions for listing more than one MOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that Item 23a of his DD Form 214 should reflect the MOS 12A. However, the evidence of record shows he was awarded and served in MOS 12A from 16 April to 23 August 1967. He served in the MOS 52F from 24 August 1967 to the date of his release from active duty. The MOS 12A was withdrawn and he was awarded MOS 52F on 27 December 1967, based on his promotion to pay grade E-4. Therefore, his primary MOS was 52F and that MOS is properly shown in Item 23a of his DD Form 214. Neither the evidence submitted with the application nor the evidence of record supports his request nor does it establish that Item 23a of his DD Form 214 should reflect MOS 12A. Therefore, he is not entitled to a correction of Item 23a of his DD Form 214.
2. 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.
3. In view of the foregoing, there is no basis 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.
_______ _ _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) AR20090005410
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ABCMR Record of Proceedings (cont) AR20090005410
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