IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20110023508
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 (Report of Separation from Active Duty), dated 26 July 1976, to show he completed the SAM 31, Small Arms Organization Maintenance, as his secondary military occupational specialty (SMOS).
2. The applicant states the training was given on 29 August 1975 by the Seventh Army Combined Arms Training Center in Germany and it does not appear on his DD Form 214.
3. The applicant provides a copy of a Seventh Army Combined Arms Training Center Certificate of Completion.
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 enlisted in the Regular Army on 31 July 1974. He completed training and was awarded primary MOS 71B (clerk typist) on 14 December 1974.
3. The applicant submits a Seventh Army Combined Armed Training Center Certificate of Completion, which certifies that he successfully completed the SAM 31, Small Arms Organizational Maintenance Course. The certificate shows the course was given during the period 18 August through 29 August 1975.
4. On 26 July 1976, the applicant was honorably released from active duty and was transferred to the U.S. Army Reserve Control Group (Annual Training). Item 17a. (Secondary Specialty Number and Title) on his DD Form 214 shows the entry "NA."
5. A review of the applicant's official military records does not show that he was ever awarded an SMOS.
6. Army Regulation 635-5 (Separation Documents) is the authority for the preparation of the DD Form 214. The regulation in effect at that time provides the following:
a. enter the MOS code, title, and date of award in item 17a.; and
b. item 27 (Remarks) will be used for entries authorized by Headquarters Department of the Army for which a separate item is not available on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. There is no evidence in the applicant's official military record showing that he was ever awarded an SMOS. Therefore, the entry "NA" was properly annotated in item 17a. on his DD Form 214.
3. The applicant does submit a Seventh Army Combined Armed Training Center Certificate of Completion, which certifies that he successfully completed the SAM 31, Small Arms Organizational Maintenance Course. The certificate shows the course was given during the period 18 August through 29 August 1975. In accordance with the applicable regulation item 27 will be used for entries authorized by Headquarters, Department of the Army for which a separate item is not available on the DD Form 214.
4. In view of the forgoing, it would be appropriate to amend item 30 on his DD Form 214 to show he completed the SAM 31, Small Arms Organizational Maintenance Course.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 27 on his DD Form 214, dated 26 July 1976, to show he completed the SAM 31, Small Arms Organizational Maintenance Course during the period 18 August through 29 August 1975.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 17a. on his DD Form 214 to show he completed the SAM 31, Small Arms Organization Maintenance Course as his SMOS.
_________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) AR20110023508
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110023508
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110023455
The applicant provides his DD Form 214. Item 6 (MOS) of his DA Form 2-1 (Personnel Qualification Record) shows his PMOS as 76D and his SMOS as 67N. Since he held the SMOS of 67N at the time of separation, he is entitled to correction of his DD Form 214 to show this MOS, title, and the date awarded in item 17a.
ARMY | BCMR | CY2012 | 20120004691
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his primary specialty title and number as "71T2O Equipment Maintenance Clerk" instead of "76D Automotive Repairman." His DA Form 2-1 (Personnel Qualification Record), item 6 (Military Occupational Specialties), shows PMOS 71T was deleted on an unknown date (but possibly on 1 March 1976 as a result of an MOS conversion). Since the available evidence shows he did not hold MOS 71T at the time...
ARMY | BCMR | CY2006 | 20060002025C070205
Karmin Jenkins | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his secondary military occupational specialty (SMOS) of 52B20 (Generator Mechanic) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). William Powers________ CHAIRPERSON INDEX |CASE ID |AR20060002025 | |SUFFIX | | |RECON |YYYYMMDD | |DATE BOARDED |20060831 | |TYPE OF DISCHARGE |(HD, GD,...
ARMY | BCMR | CY2009 | 20090019540
Army Regulation 635-5 (Personnel Separations: Separation Documents), in effect at the time, states the following will be listed in item 14 of the DD Form 214: in-service training courses; title, number of weeks, and year successfully completed during the period of service. The applicant's request for correction of his DD Form 214 to show he completed the PLDC and other applicable courses is supported by the evidence. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2010 | 20100028667
Application for correction of military records (with supporting documents provided, if any). * Item 6a shows "SP4" * Item 6b shows "E4" * Item 7 shows "76-03-05" * Item 17a shows "NA" * Item 17b shows "NA" * Item 26 shows "National Defense Service Medal" 6. The applicant contends his DD Form 214 should be corrected to show he was awarded the Republic of Vietnam Campaign Medal with Device (1960).
ARMY | BCMR | CY2003 | 2003089198C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. A DD Form 215, dated 19 January 1994, amended the following items on the applicant's DD Form 214 with an ending date of 14 January 1975: Therefore, there is insufficient basis in which to delete the entry 94B from item 16a on his DD Form 214 for the period ending 14 January 1975.
ARMY | BCMR | CY2010 | 20100025851
The applicant requests his DD Form 214 (Report of Separation from Active Duty) for the period ending 29 June 1979 be corrected to show that he: * Completed the Chemical Operations Specialist Reclassification Course * Was awarded military occupational specialty (MOS) 54B (Nuclear, Biological, and Chemical Specialist) 2. He was awarded MOS 00E in August 1977 and served in this MOS until he was discharged in June 1979. He did not receive an MOS evaluation in this MOS.
ARMY | BCMR | CY2012 | 20120000973
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to lists items 16a (Primary Specialty Number and Title) and 17a (Secondary Specialty Number and Title) in sequence. The applicant provides: * Self-authored statement * Certificate of Appreciation * Army Review Boards Agency (ARBA) letter dated 1 June 2011 * DD Form 214 * DD Form 215 (Correction to the DD...
ARMY | BCMR | CY2012 | 20120009051
Therefore, his DD Form 214 for the period ending 31 March 1992 correctly shows the number of AAMs he is entitled to. With respect to additional awards of the ARCOM, evidence of record shows orders awarded him two awards of the ARCOM and his DD Form 214 shows these awards. As a result, the Board recommends denial of so much of the application that pertains to: * adding to additional awards of the AAM, ARCOM, and his appreciation and service certificates to his DD Form 214 * adding the...
ARMY | BCMR | CY2009 | 20090017672
However, the Army did not correct its records to show his PMOS was 11B4P. While the applicant received awards for his Infantry service in the Republic of Vietnam to include the CIB, the orders were issued awarding these individual decorations showing the applicant's MOS as 11B at the time of the award. The evidence of record does not support correcting the applicant's DD Form 214 to show his PMOS was 11B4P at the time of separation.