IN THE CASE OF:
BOARD DATE: 13 January 2011
DOCKET NUMBER: AR20100016756
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 item 23a (Specialty Number and Title) of his DD Form 214 (Report of Transfer or Discharge) be amended.
2. The applicant states:
* He only worked in military occupational specialty (MOS) 94B (cook) for a few weeks
* He never went to cook school
* Most of his time in the Army was in supply and trucks (forklifts)
* He went to school for personnel specialists
* MOS 94B on his DD Form 214 is unjustified
3. The applicant provides no documentary evidence 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 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 enlisted in the Regular Army on 31 May 1966 for a period of
3 years and training in the administration career management field. He completed advanced individual training (AIT) in MOS 71B (clerk typist) and subsequently was awarded MOS 76A (supply clerk). He served in Vietnam from 9 January 1967 to 10 January 1968. Orders, dated 11 April 1968, show he was awarded primary MOS 94B2O and secondary MOS 71H (personnel specialist). On 13 June 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 23a of the applicant's DD Form 214 shows the entry "94B2O Cook."
4. There is no evidence of record and the applicant did not provide any evidence which shows he was awarded a truck MOS.
5. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time provided, in pertinent part, that the primary MOS code number and title would be entered in item 23a on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Although the applicant completed AIT in MOS 71B, he was awarded primary MOS 94B2O on 11 April 1968. Since the governing regulation states that the primary MOS code number and title would be entered in item 23a, there is no basis for granting the applicant's requested relief.
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) AR20100016756
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ABCMR Record of Proceedings (cont) AR20100016756
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