IN THE CASE OF:
BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110001617
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, in effect, that his military occupational specialty (MOS) be listed as 36K (Field Wireman) instead of 57E (Laundry and Bath Specialist) on his DD Form 214 (Report of Separation from Active Duty).
2. He states his MOS was field wireman and not bath and laundry specialist.
3. He provides no additional evidence.
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 applicants records show he enlisted into the Regular Army on 5 November 1973. He enlisted for MOS 36C (Lineman). On 27 April 1976, he was discharged under the provisions of Army Regulation 635-200.
3. His "Statement for Enlistment" shows he enlisted for MOS 36C, a seven-week course. As a perquisite for the course, he signed this statement on 5 November 1973, indicating he was aware that to qualify for enrollment in the 36C course, he must attend 36K training course for four weeks.
4. Item 38 (Record of Assignment) of his DA Form 2-1 (Personnel Qualification Record) shows his duty MOSs, principal duties, and units of assignment during his military service as follows:
* 9 November 1973, 09B (Basic Trainee), Basic Combat Training (BCT), Company A, 3rd Battalion, 3rd BCT Brigade
* 6 January 1974, 36K, Advanced Individual Training (AIT), E Company, 1st Battalion, 5th AIT Brigade
* 8 February 1974, 71B (Clerk Typist), AIT, D Company, 2nd Battalion, 5th AIT Brigade
* 9 March 1974 to 14 March 1974, absent without leave (AWOL)
* 20 April 1974 to 11 August 1974, AWOL to dropped from the rolls (DFR)
* 12 August 1974 to 2 February 1976, 57A (Duty Soldier) Company B, Personnel Confinement Facility (PCF) to AWOL and/or DFR
* 12 February 1976, 57E, Confinement/Trainee, Company B, PCF
5. There are no orders or documents in his available file that shows he completed the wireman course and was awarded MOS 36K. Item 6 (MOS) of his DA Form 2-1 shows his MOS as 57E.
6. Special Orders Number 80, dated 26 April 1976, show he was discharged effective on 27 April 1976. The order lists his MOS as 57E. Item 16a (Primary Specialty Number) of his DD Form 214 also lists his MOS as 57E.
7. Army Regulation 635-5 (Personnel Separations), establishes standardized procedures for the preparation and distribution of the DD Form 214. The regulation states to list the latest primary specialty number and title in items 16a of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence and the applicant has not provided any to show he completed training and was awarded MOS 36K. The evidence of record suggests that he was recycled from the 36K course to the 71B course and later went AWOL. It appears he was subsequently DFR prior to completing any training course. The evidence of record also suggests he performed duties as a laundry and bath specialist while assigned to the PCF and, therefore, he was awarded MOS 57E.
2. In view of the foregoing, there is no basis for granting his 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) AR20110001617
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110001617
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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