IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110005645 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:

* Item 23a (Specialty Number and Title) to show his secondary military occupational specialty (MOS) of 11E (Armor Crewman)
* Item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) to show his Letters of Commendation and Appreciation

2.  He states that he would appreciate the two letters (Commendation and Appreciation) being reflected on his DD Form 214, because omission of these two exceptional letters would bring only dishonor to him.  It was not until recently he was advised that his letters could be added to his DD Form 214.  He served with honor and distinction during his 3 years of duty including his service in Vietnam.

3.  He also states that he never asked for a second MOS designating his new duty.  Through his efforts, the personnel office awarded him a second MOS of 11E.  He would like consideration of adding this secondary MOS to his DD Form 214.

4.  He provides:

* DA Form 20 (Enlisted Qualification Record), page 1
* MOS withdrawal orders, dated 14 May 1968
* Letter of Appreciation, dated 8 August 1968
* DD Form 214 ending on 27 November 1968
* Two letters of commendation, dated 28 November 1968
* Honorable Discharged Certificate, dated 28 November 1971
* A photograph alleged to be of himself

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 record shows he enlisted in the Regular Army in pay grade E-1 on 29 November 1965.  

3.  His record contains a Statement, dated 5 April 1966, wherein he requested withdrawal from Airborne Training.  He completed training and was awarded primary MOS 71H (Personnel Specialist) on 19 November 1966.

4.  Special Orders Number 75 issued by the 688th Supply and Service Battalion on 14 May 1968 withdrew the MOS 94B (Cook) with an effective date of 19 November 1966.  

5.  On 8 August 1968, Headquarters, 688th Supply and Service Battalion, issued to him a Letter of Appreciation in sincere appreciation for the manner in which he performed his duties as the Orders Clerk.

6.  He was honorably released from active duty in pay grade E-5 on 27 November 1968, at the expiration of her term of service, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

7.  Item 23a of his DD Form 214 lists MOS 71H.  


8.  Item 38 (Record of Assignments) of his DA Form 20 shows he served in duty MOS from 71H throughout his period of service.  There is no evidence he was awarded a secondary MOS of 11E or served in that MOS. 

9.  On 28 November 1968, Headquarters, 688th Supply and Service Battalion, issued to him two letter of commendation on his outstanding job during his tenure in the battalion headquarters.  

10.  He was honorably discharged from the USAR on 28 November 1971.

11.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  It stated the primary MOS code number, title, and date awarded would be entered in Item 23a.  Item 24 of the DD Form 214 would reflect all decorations, service medals, campaign credits, and badges awarded or authorized.  There were no provisions for listing Certificates of Achievement, Letters of Appreciation, and similar documents on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded one certificate of appreciation and certificate of commendation during his period of service.  However, in accordance with the governing regulation, certificates of appreciation, achievement, and commendation and similar documents are not recorded on the DD Form 214.  

2.  The evidence of record shows his primary MOS at the time of his release from active duty was 71H is properly shown in Item 23a of his DD Form 214.  Neither the evidence submitted with the application nor the evidence of record supports his request nor does it establish that Item 23a of his DD Form 214 should reflect MOS 11E.  Therefore, he is not entitled to a correction of item 23a of his DD Form 214.

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)                                         AR20110005645





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ABCMR Record of Proceedings (cont)                                         AR20110005645



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