IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110008547
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 25a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected. In the Congressional Inquiry packet accompanying his application, the applicant requested that his record be restored.
2. The applicant states item 25a of his DD Form 214 should show military occupational specialty (MOS) 631.10 (Wheel Vehicle Mechanic).
3. The applicant provides a Congressional Inquiry packet that includes a photograph and news article 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's military record is not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using reconstructed records which primarily consists of the applicant's DD Form 214 and the documents provided by the applicant.
3. The applicants DD Form 214 shows he was inducted into the Army of the United States on 16 September 1954. It further shows that during his active duty tenure, the applicant earned the Army of Occupation Medal with Germany Clasp and Army Good Conduct Medal.
4. The DD Form 214 also shows the applicant was honorably released from active duty, in the rank of private first class, on 30 August 1956, after completing 1 year, 11 months, and 15 days of active military service. Item 25a shows the applicant held MOS 630.00 (Automotive Maintenance Helper) on the date of separation. Item 29 (Other Service Training Courses Successfully Completed) shows the applicant completed a 7 week Wheel Vehicle Mechanic Course in 1955.
5. The available NPRC file is void of any orders or other documents indicating the applicant was formally awarded MOS 631.10 by proper authority while serving on active duty.
6. Army Regulation 635-5 (Separation Documents) prescribes the documents issued to Soldiers upon separation from the Army. It also establishes the policy for preparation and distribution of the DD Form 214 and provides item-by-item preparation instructions of the DD Form 214. The version of the regulation in effect at the time of the applicants discharge provided that the entry in item 25a would be based on the MOS held on the date of separation. There were no provisions for entering other MOSs a member may have qualified for in item 25a.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that item 25a of his DD Form 214 be corrected to reflect MOS 631.10 has been carefully considered. However, there is insufficient evidence to support this claim.
2. The governing regulation in effect at the time of the applicants discharge provided for entering only the information pertaining to the MOS held at the time of separation in item 25a. There were no regulatory provisions providing for entering other MOSs in which a member may have been qualified on the
DD Form 214.
3. Although an entry in item 29 of the applicants DD Form 214 confirms he completed the wheel vehicle mechanic course in 1955, there is no evidence suggesting he was ever formally awarded an MOS based on completion of this course. The fact completion of this course was identified in item 29 of the
DD Form 214 and the MOS entered in item 25a remained 630.00 suggests completion of this course did not result in a change of his MOS. As a result, absent any evidence confirming he was awarded MOS 631.10 by proper authority during his active duty tenure, there is an insufficient evidentiary basis to support granting the requested relief.
4. In the Congressional Inquiry packet accompanying the applicant's application, he requested that his record be restored. However, this Board is not an investigative body or records custodian and does not have the ability to reconstruct records absent supporting documentary evidence.
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) AR20110008547
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ABCMR Record of Proceedings (cont) AR20110008547
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