BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110009518
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 (Armed Forces of the Unites States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 71H (Personnel Specialist) and his rank and pay grade as specialist five (SP5)/E-5.
2. The applicant states he was promoted to SP5 about 2 months before he was discharged. His job and special training at Fort Knox, KY, was in MOS 71H, not MOS 76Y (Unit Supply Specialist). He performed many jobs while stationed in Korea, including driving trucks and jeeps.
3. The applicant submits a copy of his DD Form 214.
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 was inducted into the Army of the United States on 13 June 1968. He completed training and was awarded MOS 71H.
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. in item 22 (MOS), he was awarded MOS 71H2O on 29 November 1968 and it was designated as his secondary MOS (SMOS). He was awarded MOS 76Y2O on 26 April 1969 and it was designated as his primary MOS (PMOS);
b. in item 33 (Appointments and Reductions), he was promoted to specialist four (SP4)/E-4 effective 26 April 1969; and
c. in item 38 (Record of Assignments), he was assigned to the 2d Medical Battalion in Korea from 20 January 1969 through 13 February 1970.
4. His records contain:
a. A DA Form 2496 (Disposition Form), dated 30 April 1969, subject: Request for Change of PMOS, shows he requested his PMOS be changed from 71H2O to 76Y2O. He stated he had been working in the unit supply room for 3 months and he had mastered the requirements necessary for PMOS 76Y2O through on-the-job training. He would be working as a 76Y2O for the remainder of his tour of duty in Korea. He had not functioned in his current PMOS since his arrival in Korea.
b. Comment 4 to the 30 April 1969 DA Form 2496 announced approval of his request and directed publication of necessary orders awarding the applicant PMOS 76Y2O and SMOS 71H2O with promotion to SP4.
c. Special Orders Number 120, Headquarters, 2d Infantry Division, dated 30 April 1969, announced the applicant's promotion to SP4 in MOS 76Y2O effective 26 April 1969.
d. Special Orders Number 125, Headquarters, 2d Infantry Division, dated 5 May 1969, announced his award of PMOS 76Y2O and SMOS 71H2O effective 26 April 1969.
5. His DD Form 214 shows he was honorably released from active duty in the rank of SP4 effective 20 February 1970. He completed 1 year, 8 months, and 8 days of total active service. Item 23a (Specialty Number and Title) shows "76Y2O Unit Supply Specialist."
6. There is no available evidence to show he was promoted to SP5 prior to his release from active duty.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214.
a. For items 5a (Grade, Rate, or Rank) and 5b (Pay Grade), enter the grade and pay grade in which serving at the time of separation.
b. For item 23a (Specialty Number and Title), enter the PMOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded PMOS 71H upon completion of formal training.
2. The evidence of record shows his PMOS changed from 71H to 76Y at his request when he was promoted to SP4. The regulatory guidance requires the entry of the current PMOS on the DD Form 214.
3. There is no evidence he was promoted to SP5.
4. Therefore, there is no basis for correction of the applicant's 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 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) AR20110009518
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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