IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110010258
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 United States Report of Transfer or discharge) to show his primary military occupational specialty (PMOS) as "Cannoneer (105 Howitzer)" (MOS 13A).
2. The applicant states he suffers from hearing loss that resulted from his PMOS as a cannoneer.
3. The applicant provides 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 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 records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 8 October 1963. He completed 1 year, 11 months, and 26 days of creditable active service, of which 1 year, 11 months, and 19 days was overseas service in Hawaii.
4. His DD Form 214 also shows at the time of his separation, he was assigned to A Battery, 2nd Battalion, 9th Artillery, U.S. Army Hawaii. He was honorably released from active duty on 3 October 1965 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.
5. Item 25 (Specialty Number and Title) of his DD Form 214 shows the entry "45F2O Artillery Mech[anic]."
6. There is no indication in his reconstructed records that he was trained in or held MOS 13A.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It stated, in pertinent part, that item 25a shows the primary MOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his PMOS as 13A.
2. The applicant's available records do not contain evidence and he did not provide any that shows he completed training for and was awarded MOS 13A. In the absence of evidence to the contrary, it must be presumed the MOS listed on his DD Form 214 at the time of his separation in 1965 is correct and there is no basis to change it.
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) AR20110010258
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ABCMR Record of Proceedings (cont) AR20110010258
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