RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2008
	DOCKET NUMBER:  AR20080000750 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Chester A. Damian

Member

Mr. Qawiy A. Sabree

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that item 23a (Specialty Number and Title), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to show his primary military occupational specialty (PMOS) of 11B2O. 

2.  The applicant states, in effect, that he would like his PMOS, of 11B2O added to his DD Form 214 in addition to his secondary MOS (SMOS), of 91Q2O, which does appear on his DD Form 214.  He states that his DD Form 214 should show both, his PMOS and SMOS correctly.

3.  The applicant provides a copy of his DD Form 214 and a copy of his certificate of training 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 record shows he enlisted in the Regular Army on 18 April 1968.  He successfully completed basic combat training and advanced individual training at Fort Dix, New Jersey.  On completion of training, he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.  

3.  The applicant provided a copy of a certificate of training which shows that he successfully completed the Army Training Program 7-11B and was awarded the PMOS of 11B1O, Light Weapons Infantryman, from Fort Dix, New Jersey. 

4.  Item 32 (Civilian Education), of his DA Form 20 (Enlisted Qualification Record), shows he completed his Bachelor of Science (BS) Degree in Pharmacy, at the University of Buffalo, in New York, in 1967.

5.  On 17 October 1968, orders were published assigning the applicant to the 5th MD HSP GEN (Medical Hospital General). 

6.  Item 22 (Military Occupational Specialties), of the applicant's DA Form 20, shows he was awarded the PMOS of 91Q2O, pharmacy specialist effective 7 November 1968.

7.  The applicant was promoted to specialist five (SP5/E-5) effective 17 October 1969, in MOS 91Q2O.

8.  The applicant continued to serve in MOS 91Q2O until he was honorably released from active duty on 1 May 1970.

9.  Item 23a, of his DD Form 214, shows the entry, "91Q2O (Pharmacist)."

10.  Item 38 (Record of Assignment), of his DA Form 20 shows he served as a pharmacist, in MOS 91Q2O.

11.  Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It provided, in pertinent part, that the soldier's primary specialty number and title would be entered in item 23a of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in MOS 11B, Light Weapons Infantryman, with a BS Degree in Pharmacy.  He was awarded the PMOS of 11B1O and was later awarded the PMOS of 91Q2O, pharmacist.

2.  The evidence shows that he served in the PMOS of 91Q2O as a pharmacist, while assigned to the 5th General Hospital.  He was released from active duty in the PMOS of 91Q2O.  At the time of his release from active duty, his DD Form 214 was prepared to only show his PMOS of 91Q2O, which is shown in item 23a.

3.  According to regulation, the applicant’s PMOS of 11B should have been changed to his SMOS when he was awarded the PMOS of 91Q2O.  There is no evidence to show that orders were published showing a change.  




4.  Based on the information contained in the applicant's records, it is apparent that a clerical error occurred at the time of the applicant's reclassification.  The MOS 11B should have been redesignated as his SMOS.  Therefore it would be appropriate, as a matter of fairness and equity, to correct his DD Form 214 to show the MOS 11B2O (Light Weapons Infantryman) as his SMOS.  Since the regulation in effect at the time only required the Soldier's PMOS to be shown in item 23a, as a matter of equity, in this case, the applicant's SMOS 11B will be shown in item 30 (Remarks).  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JTM __  __CAD__  __QAS__   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the entry "SMOS 11B1O (Light Weapons Infantryman)" in item 30 (Remarks), of his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of item 23a, of his DD Form 214, to show the entry "PMOS 11B2O (Light Weapons Infantryman)." 




___John T. Meixell    __
      CHAIRPERSON