IN THE CASE OF:
BOARD DATE: 22 September 2009
DOCKET NUMBER: AR20090007935
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 (Certificate of Release or Discharge from Active Duty) to show that the military occupational specialties (MOS) that he was awarded were combat arms specialties and to show that he was performing simulated war duties.
2. The applicant states that his records do not say that his military training as a tanker is a combat arms specialty. He states, in effect, that Combat-Related Special Compensation doesn't recognize MOS 19F1O and 19F2O (tank driver) as combat arms specialties performing simulated war duties.
3. The applicant provides no additional documentation in support of 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 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. On 14 April 1978, the applicant enlisted in the Regular Army in Los Angeles, California, for 3 years in the pay grade of E-1. He successfully completed his training in MOS 19F. He reenlisted in the Army on 15 December 1980 under the Army Service School Reenlistment Option for training in MOS 71L. He was awarded MOS 71L2O (administrative specialist) on 13 February 1986. He remained on active duty through a series of reenlistments.
3. After completing 20 years and 17 days of net active service, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 12, for retirement. He was transferred to the United States Army Reserve Control Group (Retired).
4. The DD Form 214 that the applicant was furnished at the time of his REFRAD shows in item 11 (Primary Specialty) that he served in MOS 19F1O for 2 years and 11 months and that he served in MOS 71L2O for 16 years and 9 months.
5. Army Regulation 635-5 (Separation Documents) 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. It states that for item 11, enter from the Enlisted Record Brief the titles of all MOS's served for at least 1 year and include for each MOS the number of years and months served.
6. Army Regulation 611-201 (Enlisted Career Management Fields (CMF) and Military Occupational Specialties), in effect at the time, specified that MOS 19F was assigned to those serving in an armor CMF.
7. Combat arms is a collective name in a system of administrative military reference to those troops within national armed forces which participate in direct tactical land combat. In general, they include the Infantry, Armor, Artillery, Cavalry, Air Defense Artillery, Army Aviation, and Special Forces. (Source: Wikipedia)
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he was served in a combat arms MOS and that he performed simulated war duties.
2. His contentions have been noted. However the applicant's DD Form 214 appropriately reflects his MOS as 19F1O. His DD Form 214 clearly shows in item 11 that he served in MOS 19F1O (tank driver), which is an armor CMF and is considered as combat arms related.
3. There is no provision for including his performance of simulated war duties or the term "combat arms" on his DD Form 214.
4. In order to justify correction of a military record, the applicant must show 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.
5. 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.
_____________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) AR20090007935
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