IN THE CASE OF:
BOARD DATE: 03 June 2010
DOCKET NUMBER: AR20090018966
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 retired personnel records to show his basic branch as Adjutant General (AG).
2. The applicant states he:
a. was appointed as a warrant officer in the AG Corps on 1 May 1968;
b. subsequently served as a food service warrant officer (WO) in the Quartermaster (QM) Corps for several years in military occupational specialty (MOS) 922A0;
c. spent his last 5 years in the AG Corps. He was considered and promoted to chief warrant officer five (CW5) in February 1996 as an AG WO in MOS 420A0; and
d. believes there was simply an error made in his records at the time of retirement concerning his basic branch that needs to be corrected.
3. He provides four DA Forms 67-8 (U.S. Army Officer Evaluation Reports) covering the period 16 September 1994 through 31 March 1998. They all show primary MOS (PMOS) 420A0 (Military Personnel Technician). He served as a WO in duty MOS 420A0, and his branch was AG.
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. Headquarters, Third United States Army, Fort McPherson, Georgia, letter, dated 30 April 1968, appointed the applicant as a Reserve WO of the Army in MOS 711A [Unit Personnel Technician].
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item
6 (Military Occupational Specialties) that MOS 420A (Military Personnel Technician) was designated his PMOS on 1 May 1968 and MOS 922A (Food Service Technician) was designated as an additional MOS (AMOS) on
8 February 1982.
4. Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri, Memorandum, dated 8 February 1996, promoted the applicant to CW5 as a Reserve WO of the Army in MOS 420A.
5. The applicant's DA Form 2C (Personnel Qualification Record - Warrant Officer), dated 11 June 1997, shows in:
a. section II (Service Data), line 4 (Management Group), the data-entry "(QM) Quartermaster Corps"; however, this entry is lined through and the handwritten entry "AG Adjutant General" is entered on the document;
b. section III (Qualification Data), line 1 (PMOSD/AMOSD1/AMOSD2), shows the data-entry "922AO/42OAO/92OAO"; however, this entry is lined through and the handwritten entry "42OAO 922AO" is entered on the document; and
c. it shows the applicant reviewed the document on 2 August 1997.
6. The applicant was voluntarily reassigned to the U.S. Army Reserve (USAR) Control Group (Retired) effective 1 September 1998.
7. There are no orders that show the applicant's branch PMOS or AMOS was redesignated (i.e., from "AG, 420A, and 922A" to "QM, 922A, and 420A") at any time prior to his retirement on 1 September 1998.
8. The applicant's Total Army Personnel Data Base (TAPDB) electronic record, accessible via the U.S. Army Human Resources Command Integrated Web Services (IWS) portal shows in the:
a. General Information section his branch as "QM"; and
b. Skills Data section his WO PMOS as "922A" and WO AMOS as "920A."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his retired personnel records should be corrected to show his branch as AG.
2. Records show the applicant's branch at the time of his transfer to the USAR Control Group (Retired) was AG, his PMOS was 420A, and AMOS was 922A.
3. The applicant's TAPDAB online record incorrectly shows his branch as "QM," his PMOS as "922A," and AMOS as "920A." Therefore, it would be appropriate to correct his TAPDB electronic record.
BOARD VOTE:
___X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his U.S. Army Human Resources Command, TAPDB electronic record by:
a. deleting from the General Information section, Branch, the entry of "QM" and adding the entry "AG";
b. deleting from the Skills Data section, WO PMOS, the entry "922A" and adding the entry "420A"; and
c. deleting from the Skills Data section, WO AMOS, the entry "920A" and adding the entry "922A."
_______ _ 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) AR20090018966
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