IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100013318
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) of 71F2O (postal clerk).
2. The applicant states this item is missing from his DD Form 214 and he is requesting this change for benefits from the Department of Veterans Affairs (VA).
3. The applicant provides his DD Form 214, page 1 of his DA Form 20 (Enlisted Qualification Record), and a DA Form 87 (Certificate of Training) for the 71F postal clerk course.
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 applicants 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 applicants 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 records show he enlisted in the Regular Army on 27 July 1970. He completed basic combat and advanced individual training and was awarded MOS 36K (field wireman). The highest rank/grade he attained was specialist four (SP4)/E-4.
3. The applicant's DD Form 214 shows he was released from active duty with an honorable characterization of service on 8 March 1972. He was transferred to a U.S. Army Reserve (USAR) unit effective the following day. He completed 1 year, 7 months, and 12 days of total active service.
4. The applicant provided a DA Form 87 for the 71F Postal Clerk Course, dated 8 February 1975.
5. Department of the Army Reserve Components Personnel and Administration Center Letter Orders Number 06-1128789, dated 24 June 1976, show he was honorably discharged from the USAR on 26 July 1976 at his expiration term of service. This order shows his primary MOS as 36K2O. His DA Form 20 and item 23a (Specialty Number and Title) of his DD Form 214 also show his primary MOS as 36K2O.
6. 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. In pertinent part, it 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. The regulation in effect at the time stated that block 23a would contain the primary MOS code number, title, and date of award.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was initially trained in MOS 36K, he was awarded MOS 36K as his primary MOS while serving on active duty, and he retained 36K as his primary MOS throughout his tenure in the military. He completed the 71F course as a member of the USAR after the period of his DD Form 214 and there is no evidence he was ever awarded 71F as his primary MOS.
2. Regulatory policy prescribed that only the primary MOS would be entered on the DD Form 214. Additionally, even if he had been awarded 71F2O as his primary MOS, since he was not issued a DD Form 214 after he completed the
71F postal clerk course, there is no error to correct. Therefore, at the time his DD Form 214 was completed and issued, it correctly showed his primary specialty number and title as 36K2O, field wireman.
3. 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) AR20100013318
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ABCMR Record of Proceedings (cont) AR20100013318
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