IN THE CASE OF:	  

		BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090009775 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) 11B (Provisional Guard).

2.  The applicant states that he does not read very well; therefore, his sister caught the error while reading his orders.  His DD Form 214 shows that he served in “MOS 94B2O 1st Cook.”  He contends that he preformed duty as a provisional guard, that he was shot, and that he was blown out of the guard tower.  He had a ringing in his ears.

3.  The applicant provides, in support of his application, copies of his DD Form 214, Special Orders Number 271, and induction and separation physical examinations.  He indicated that a copy of General Orders Number 261 was also attached, but it was not received. 

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 24 March 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed basic combat training and was subsequently assigned to the Engineer School at Fort Belvoir, Virginia, for training in MOS 52B (Power Generation Equipment Operator).  There is no evidence of record showing that he attended this training.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows:

   a.  on 12 July 1967, the applicant was assigned to Fort Dix, New Jersey, for training in MOS 36K (Wireman).  

   b.  on 9 August 1967, the applicant was awarded MOS 57A (Duty Soldier) as a primary MOS.

   c.  on 11 August 1967, the applicant was awarded MOS 36K as a secondary MOS.

   d.  on 12 August 1967, the applicant departed Fort Dix for duty at Fort Carson, Colorado.  

   e.  on 29 August 1967, the applicant was assigned to the 6th Battalion, 33rd Field Artillery as a Duty Soldier in MOS 57A.

   f.  on 9 September 1967, the applicant was assigned to the 247th Supply Company as a Duty Soldier in MOS 57A.  

   g.  on 26 February 1968, the applicant departed Fort Carson, Colorado, for assignment in the Republic of Vietnam.  On 7 April 1968, the applicant was assigned to the 184th Ordnance Battalion in duty MOS 11B2O as a security guard.  The applicant returned to the United States on 16 March 1969.

4.  Special Orders Number 271, paragraph 38, United States Army Support Command, dated 27 September 1968, withdrew the applicant's primary MOS of 57A1O and awarded him primary MOS 94B2O, effective 13 September 1968.

5.  Special Orders Number 271, paragraph 85, United States Army Support Command, dated 27 September 1968, promoted the applicant to specialist five, pay grade E-5, in MOS 94B2O.
6.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 shows that, on 13 September 1968, the applicant was awarded a primary MOS of 94B2O (Cook).  It also shows that his previous primary MOS of 57A1O and secondary MOS of 36K2O are lined through.

7.  On 16 March 1969, the applicant was released from active duty and transferred to the United States Army Reserve.  He had completed 1 year, 
11 months, and 23 days of creditable active service.

8.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows "94B2O (1st Cook)."

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It required that the Soldier's primary MOS, code number, and title be entered in Item 23a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show a specialty number and title of 11B2O, Provisional Guard.

2.  The evidence of record shows the applicant's primary MOS at the time of his release from active duty was 94B2O (Cook).  His primary MOS was appropriately recorded in Item 23a of his DD Form 214. 

3.  There were no provisions for recording a duty MOS in Item 23a of the 
DD Form 214.

4.  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 the aforementioned 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)                                         AR20090009775



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ABCMR Record of Proceedings (cont)                                         AR20090009775



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