IN THE CASE OF:	  

		BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100000942 


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 his 17 December 1979 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 2 years and 8 months of service in his primary (P) and secondary (S) military occupational specialties (MOS's).

2.  The applicant states the years and months listed in item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) of 8 months of his DD Form 214 is incorrect.  He maintains he served in both MOS 19E (M48-M60 Armor Crewman) and MOS 19G (Armor Reconnaissance Vehicle Crewman) for 2 years and 8 months.

3.  The applicant does not provide any 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.  The applicant's military service records show he enlisted in the Regular Army on 3 January 1977 for 3 years.  He was honorably released from active duty on 17 December 1979 and he was credited with 2 years, 11 months, and 15 days of creditable service.

3.  The applicant's rank/pay grade shown on his DD Form 214 is listed as specialist five/E-5 with a date of rank of 29 August 1979.

4.  Item 11 of the applicant's DD Form 214 lists the following:

* P19E1O - M48-M60 A1/A3 Armor Crewman - 00 years and 8 months
* S19G1O - Armor Reconnaissance Vehicle Crewman - 00 years and 8 months

5.  The applicant's military service records contain a DA Form 3286-40 (Statement for Enlistment - U.S. Army Delayed Enlistment Program), dated 16 December 1976.  Item 1g(2) of this document states, "If enlisting for an Army school course, I have been assured of attending the school course for MOS 11E1O Armor Crewman."

6.  A certificate of training shows the applicant successfully completed Basic Armor Training (one-station unit training (OSUT)) from 6 January 1977 through 1 April 1977.

7.  U.S. Army Regional Personnel Center Giessen Orders 198-31, dated 17 July 1978, contained in his military service records show he was promoted to specialist four/E-4 in MOS 19G effective 1 July 1978.

8.  U.S. Army Regional Personnel Center Giessen Orders 138-94, dated 18 May 1979, show he was awarded PMOS 19E and SMOS 19G.

9.  The applicant's military service records do not contain a DA Form 2-1 (Personnel Qualification Record) for the time period he served in the Regular Army.  Additionally, there is no documentation or orders that show the applicant held a different MOS.

10.  Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation) describes the direct relationship between grade and skill level.  The Soldier's skill level is awarded based solely on pay grade unless the Soldier is scheduled for or is attending MOS qualification training.  For instance, privates/E-1 through specialists/E-4 hold skill level 1, sergeants/E-5 hold skill level 2, staff sergeants/E-6 hold skill level 3, sergeants first class/E-7 hold skill level 4, and master sergeants/E-8 and above hold skill level 5.  When a Soldier is promoted or reduced, the skill level is changed accordingly.

11.  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.  The regulation states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.

12.  Army Regulation 635-5 states that item 11 will show the titles of all MOS's in which the Soldier served for at least 1 year.  For an enlisted Soldier, also specify the first five characters of the MOS code, which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable.  Enter "O" when not applicable.

13.  Table 2-1 of Army Regulation 635-5, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  The instructions for item 11 specify to enter the MOS codes, titles, years, and months for enlisted personnel and all additional MOS's served for a period of 1 year or more.  Do not count basic training and advanced individual training.

14.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, shows that MOS 11E was converted to MOS 19E.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders awarding the applicant MOS 11E, the evidence of record shows he successfully completed Basic Armor OSUT.  Additionally, MOS 11E was subsequently converted to MOS 19E.

2.  Orders 138-94 verify the applicant was awarded PMOS 19E and SMOS 19G. 
His records also show he was promoted to the grade of E-5.  The applicant attended OSUT for a period of 3 months (6 January 1977 to 1 April 1977).  Therefore, in the interest of equity it would be appropriate to correct the applicant's records to show he served in PMOS 19E and SMOS 19G for 2 years and 8 months.  His DD Form 214 should also be corrected to reflect skill level "2."

BOARD VOTE:

___X____  ____X___  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 amending item 11 of his 17 December 1979 DD Form 214 to show the following:

* P19E2O - M48-M60 A1/A3 Armor Crewman - 2 years and 8 months
* S19G2O - Armor Reconnaissance Vehicle Crewman - 2 years and 8 months



      _______ _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)                                         AR20100000942



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100000942



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1