IN THE CASE OF:	

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100011390 


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 record and DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show he held an infantry military occupational specialty (MOS).  

2.  The applicant states his record shows he was a "Radar Repair Inspector" and he was never that.  He states he was an infantry platoon sergeant and served with an infantry unit as an infantry and pioneer and ammunition platoon sergeant.  

3.  The applicant provides a self-authored statement 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 record shows while serving as a member of the Army National Guard (ARNG), he entered active duty, in the rank of sergeant first class (SFC), on 1 September 1950.

3.  The applicant's record contains a DA Form 20 (Enlisted Qualification Card) and orders confirming he served in MOS 1745 (Infantry Platoon Sergeant) from the date of his entry on active duty until 13 December 1951, at which time he was reclassified into MOS 1729 (Pioneer and Ammunition Platoon Sergeant).  

4.  The applicant's record also contains orders issued by Headquarters, 279th Infantry Regiment, dated 21 February 1952, that awarded the applicant the Combat Infantryman Badge (CIB). 

5.  The record further includes documents confirming that in September 1951, the applicant was transferred from Company G to Headquarters and Headquarters Company (HHC), 2nd Battalion, 267th Infantry Regiment, in September 1951, to assume the position of Platoon Sergeant for the Pioneer and Ammunition Platoon, and orders authorizing his reclassification from MOS 1745 to MOS 1729, effective 13 December 1951.  

6.  The record further contains separation orders, dated 23 April 1952, which confirm he held MOS 1729 upon his departure from Korea and on the date of his release from active duty (REFRAD).   

7.  On 10 May 1952, the applicant was honorably discharged in the rank of SFC after completing 1 year, 8 months, and 10 days of active duty service and a total of 4 years, 9 months, and 24 days of military service.  The DD Form 214 he was issued at the time shows he held MOS 1729 on the date of his separation.  

8.  The list of Army MOSs during the Korean War includes Infantry ammunition and pioneer platoon and squad sergeant – 1729.  

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time provided for entering only the MOS held on the date of separation.  The current version of the regulation in part provides for entering the primary MOS code and title held on the date of separation and titles and MOS codes of all MOSs served in for at least 1 year.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the MOS code listed in his record incorrectly shows he was a Radar Repair Instructor has been carefully considered.  However, although his record and DD Form 214 accurately reflect he held the MOS 1729 on the date of his separation, it appears equity consideration provides a basis for relief in this case.  

2.  Under the regulatory guidance in effect at the time of the applicant's separation, only the MOS code for the MOS held on the date of separation was entered on the DD Form 214.  Under current regulatory guidance in addition to the MOS code and title of the member's primary MOS, titles and MOS codes of all MOSs held for more than 1 year are entered on the DD Form 214.  

3.  The evidence of record confirms the applicant served in MOS 1745 (Infantry Platoon Sergeant) from the date of his entry on active duty, 1 September 1950, through 13 December 1951, at which time he was reclassified into MOS 1729 (Pioneer and Ammunition Platoon Sergeant).  It further shows he held MOS 1729 from that date through 10 May 1952, the date of his discharge.  As a result, the MOS code listed on his DD Form 214 is correct and is in fact the one he held on the date of his REFRAD.  

4.  However, under the current regulatory guidance the titles and codes of all MOSs held for more than 1 year are entered on the DD Form 214.  Therefore, it would serve the interest of equity and be appropriate under current regulatory guidance to grant the requested relief by amending item 5 of the applicant's DD Form 214 by deleting the current entry and adding entries "1729 - Pioneer and Ammunition Platoon Sergeant" and "1745 – Infantry Platoon Sergeant." 

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 amending item 5 (Specialty Number or Symbol) by deleting the current entry and replacing it with the entries "1729 - Pioneer and Ammunition Platoon Sergeant" and "1745 – Infantry Platoon Sergeant"; and providing him a correction to the DD Form 214 that reflects these changes.  



      _____________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)                                         AR20100011390



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ABCMR Record of Proceedings (cont)                                         AR20100011390



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