IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017064 


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 (Certificate of Release or Discharge from Active Duty) to show he held military occupational specialty (MOS) 76D (Materiel Supply Specialist) and that he was honorably discharged.

2.  The applicant states that he held MOS 76D longer than he held MOS 76C (Equipment Record and Part Specialist); however, MOS 76D is not entered in item 11 (Primary Specialty Number, Title, and years and months in Specialty) of his DD Form 214.  He also states he should have received an honorable discharge.

3.  The applicant provides no additional 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 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 enlisted in the Regular Army for a period of 3 years on 2 May 1979.  He was promoted to specialist four (E-4) with a date of rank of 17 September 1980.

3.  Headquarters, U.S. Army Quartermaster Center and Fort Lee, Fort Lee, VA, Orders 163-22, dated 10 August 1979, awarded the applicant MOS 76D1O as his primary MOS (PMOS) effective 10 August 1979.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 6 (Military Occupational Specialties) that he was awarded MOS 76D1O on 10 August 1979 and MOS 76C1O on 1 September 1980.  It also shows the entry pertaining to MOS 76D1O is lined-through.

5.  Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK, Orders 274-228, dated 30 September 1980, withdrew MOS 76D1O as the applicant's PMOS and awarded him MOS 76C1O as his PMOS effective 1 September 1980.

6.  On 31 October 1980, the Commander, 100th Supply and Service Battalion (Direct Support), Fort Sill, OK, approved the applicant's discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 9 (Separation for Alcohol or Other Drug Abuse), and directed the applicant be furnished an honorable discharge.

7.  The applicant's DD Form 214 shows he was discharged on 6 November 1980 under the provisions of Army Regulation 635-200, chapter 9, based on alcohol or other drug abuse.  At the time he completed 1 year, 6 months, and 5 days of net active service.  It also shows in:

	a.  item 11 - "76C1O, Equipment Record and Part Specialist, 2 months" and

	b.  item 24 (Character of Service) - "Honorable."

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) in effect at the time of the applicant's separation from active duty prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contained guidance on the preparation of the DD Form 214.  It stated that the source documents for entering information on the DD Form 214 would be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, military personnel records jacket, or any other document authorized for filing in the official military personnel file.

	a.  Table 2-1 (DD Form 214 Preparation Instructions) contained item-by-item instructions for completing the DD Form 214.

	b.  Item 11 stated to enter the MOS codes, titles, years, and months for warrant officers and enlisted Soldiers.  For commissioned officers, enter the specialty skill identifier, title, years, and months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he held MOS 76D1O and that he was honorably discharged.

2.  The evidence of record shows the applicant was awarded PMOS 76D1O on 10 August 1979 and that the MOS was withdrawn as his PMOS on 1 September 1980.  This period equates to 1 year and 21 days.  Therefore, item 11 of the applicant's DD Form 214 should be corrected to show this MOS code, title, and the period he held the MOS (i.e., 1 year and 1 month).

3.  The evidence of record shows the applicant was awarded PMOS 76C1O on 1 September 1980 and he held this MOS through 6 November 1980.  This period equates to 2 months and 6 days.  Item 11 of the applicant's DD Form 214 shows this MOS code, title, and the period that he held the MOS (i.e., 2 months).  Thus, no corrective action is necessary regarding this entry.

4.  The evidence of record shows the separation authority approved the applicant's separation on 31 October 1980 and directed the applicant be furnished an honorable discharge.  Item 24 of the applicant's DD Form 214 shows he was honorably discharged.  Therefore, there is no need to correct item 24 of the applicant's DD Form 214.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 11 of his DD Form 214 the entry "76D1O, Materiel Supply Specialist, 1 year and 1 month."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the character of the applicant's discharge.



      _____________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)                                         AR20100017064



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ABCMR Record of Proceedings (cont)                                         AR20100017064



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