IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100025851 


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 (Report of Separation from Active Duty) for the period ending 29 June 1979 be corrected to show that he:

* Completed the Chemical Operations Specialist Reclassification Course
* Was awarded military occupational specialty (MOS) 54B (Nuclear, Biological, and Chemical Specialist)

2.  The applicant states he completed the above course at Aberdeen Proving Ground, MD from January to 6 April 1979.

3.  The applicant provides:

* DD Form 214 for the period ending 17 March 1975
* DD Form 214 for the period ending 29 June 1979
* Page 2 of his 4-page DA Form 2-1 (Personnel Qualification Record)
* DA Form 1059 (Service School Academic Evaluation Report)
* Certificate/Diploma for completion of the Chemical Operations Specialist Reclassification 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 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 records show he enlisted in the Regular Army (RA) on 15 June 1973.  He completed the training requirements and he was awarded MOS 95B (Military Police) on 4 October 1973.  He was promoted to sergeant (SGT)/E-5 on 1 October 1974 and he was discharged on 17 March 1975 for the purpose of immediate reenlistment.  

3.  On 18 March 1975, he reenlisted in the RA for 6 years, and MOS 95B.  He was assigned to the 82nd Military Police Battalion, Fort Bragg, NC.  He subsequently received several evaluations reports that show evaluation scores as follows for MOS 95B:  1974 – 97, 1975 – 99, 1977 – 115, and none were for MOS 54B.

4.  In August 1977, he completed the 4-week Army Recruiter and Career Counselor Course, and in October 1977, he was assigned to the Nashville, TN, Recruiting District, as a recruiter in MOS 00E (Recruiter/Career Counselor).  

5.  On 1 August 1978, Headquarters, Fort McPherson, GA, published Orders 148-12 changing the applicant's skill level from P00E2P to P00E3P.  Additionally, on 8 November 1978, he received his annual evaluation report which shows he was rated in MOS 00E.  However, this report did not list an MOS evaluation score.

6.  He attended and successfully completed the Chemical Operations Specialist Reclassification Course Number 09-79 from 26 January to 6 April 1979.  

7.  He requested a hardship discharge shortly after completing this course which was ultimately approved on 6 June 1979.  Accordingly, on 29 June 1979, he was honorably discharged in the rank/grade of staff sergeant/E-6.  The DD Form 214 he was issued shows the following entries:

* Item 16a (Primary Specialty Number and Title) - "00E3O 730819 RECRUITER NONE"
* item 17a (Secondary Specialty Number and Title) - "95B3O 731018 MILITARY POLICEMAN PMOS 99 7508" 
* Item 28 (Service Schools or Colleges, College Training Courses, and/or Post-Graduate Courses Successfully Completed) - "NCO ACAD 4 WKS 77"

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The version in effect at the time stated: 

   a.  Item 16a shows the MOS code, title, and date of award.  Also for enlisted Soldiers, enter the PMOS evaluation score and date of score.  If enlisted Soldier had not received a score, enter "None." 

   b.  Item 17a shows the MOS code, title, and date of award.  Evaluation score for the SMOS is not required.

   c.  Item 26 shows formal in-service training courses completed during the period covered by the DD Form 214; combat skills not listed.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he completed the 10-week Chemical Operations Specialist Reclassification Course from 26 January to 6 April 1979 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this course.

2.  He also completed the 4-week Army Recruiter Course in August 1977 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this course.

3.  The available evidence shows he was awarded MOS 95B on 18 October 1973.  He held this MOS as his PMOS through 17 August 1977.  His last MOS evaluation score was 99 in August 1975.  He was awarded MOS 00E in August 1977 and served in this MOS until he was discharged in June 1979.  He did not receive an MOS evaluation in this MOS.

4.  Although he completed the chemical course in April 1979, there is no evidence he was awarded, held, or worked in MOS 54B.  He was awarded PMOS 00E and SMOS 95B, both of which are correctly shown on his 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 the following entries to item 26 of his DD Form 214 for the period ending 29 June 1979:

* Army Recruiter Course, 4 weeks, 1977
* Chemical Operations Specialist Reclassification Course, 10 weeks, 1979

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 MOS 54B.



      __________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)                                         AR20100025851



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ABCMR Record of Proceedings (cont)                                         AR20100025851



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