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ARMY | BCMR | CY2010 | 20100015886
Original file (20100015886.txt) Auto-classification: Denied

		
		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015886 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to show his military occupational specialty (MOS) as cannoneer.

2.  He states the following:

* his DD Form 214 does not reflect his time as a cannoneer from 1954 to 1956
* he spent his first 8 weeks at Fort Bliss, TX, and his second 8 weeks at Fort Chaffee, AR
* he trained as a cannoneer, then he was transferred to Fort Campbell, KY, as his permanent duty assignment
* he was in Augsburg, Germany, from 1956 to 1957
* he completed supply school and armorer school and his MOS was changed to 768.27 (General Supply Specialist)

3.  He provides a copy of his DD Form 214 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 records are not available to the Board.  This case is being considered using reconstructed records which primarily consist of his DD Form 214.

3.  His DD Form 214 shows he enlisted in the Regular Army on 3 August 1954.  He was released from active duty on 22  July 1957.

4.  A DA Form 1 (Morning Report) for the period ending 11 July 1957 shows he was assigned to the 511th Signal Battalion, 11th Airborne Division, in Augsburg, Germany.

5.  His DD Form 214 shows he completed 2 weeks of training as a unit armorer at the Ordnance School in 1956 and 4 weeks of training as a supply sergeant at the Quartermaster School in 1956.

6.  Item 25a (Specialty Number and Title) of his DD Form 214 shows his specialty number and title as 768.27 (General Supply Specialist) and his related civilian occupation as a stock clerk.

7.  His available service record is void of any evidence and he has not provided any evidence showing he was awarded the MOS of cannoneer.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The regulation directed that the primary MOS code number and title would be recorded in item 25a and if the specialty represented by the MOS had a related civilian occupation, the appropriate job title and code number from the dictionary or occupational titles would be recorded in item 25b.  The regulation did not show a requirement to enter a secondary MOS on the DD Form 214.

9.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, prescribed the enlisted MOS's used for classification of positions and personnel of the Army.  This regulation stated that each specialty contained a title, code, listing of duties, required skills and knowledge, physical and mental requirements, listing of related civilian occupations, and the standards of grade authorization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record is void of sufficient evidence which confirms he trained and served as a cannoneer from 1954 to 1956.

2.  His DD Form 214 shows he completed training as a unit armorer and a supply sergeant in 1956.

3.  Based on Army Regulation 635-5, the DD Form 214 is meant to reflect his specialty number and title as of his last date of active duty on 22 July 1957.  As of that date, it appears he was serving as a general supply specialist in specialty number 768.27.

4.  The governing regulation in effect at the time did not authorize secondary or additional specialty numbers to be recorded on the DD Form 214.  Therefore, his DD Form 214 accurately reflects his specialty number and title.

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 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)                                         AR20100015886



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ABCMR Record of Proceedings (cont)                                         AR20100015886



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