IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120000973
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) to lists items 16a (Primary Specialty Number and Title) and 17a (Secondary Specialty Number and Title) in sequence. He also requests that a copy of his initial or original DD Form 214 be forwarded to him.
2. The applicant states:
a. in close examination of his DD Form 214, he now finds the sequence and positions related to his military training listed incorrectly;
b. at some point, his primary military occupational specialty (PMOS) and secondary military occupational specialty (SMOS) were flipped so that his PMOS became his secondary; and
3. 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 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 show he enlisted in the Regular Army on 31 March 1971, for a period of 3 years. His DA Form 20 (Enlisted Qualification Record) includes the following initial lined-through and additional two entries in item 22 (Military Occupational Specialties):
TYPE
CODE
TITLE
DATE
PMOS
96B2Z
INTEL ANALYST
20 AUGUST 1971
PMOS
91G2Z
PSYCHOLOGY SPECIALIST
23 JUNE 1973
SMOS
96B2Z
INTEL ANALYST
20 AUGUST 1971
3. His military record includes Headquarters, 13th Support Brigade, Special Orders Number 184, dated 12 September 1973. It shows he was awarded PMOS 91G2Z and SMOS 96B2Z and that PMOS 96B2Z was withdrawn, effective 23 July 1973.
4. On 29 March 1974, he was honorably released from active duty (REFRAD) after completing 2 years, 11 months, and 29 days of creditable active duty service. The DD Form 214 issued him at that time includes entries which show the following information in the items shown:
* Item 16a - (91G2Z - Social Work/Psychology Specialist - 73/06/23)
* item 17a - (96B2Z - Intelligence Analyst - 71/08/20)
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes
standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicants discharge contained item-by-item instructions for completing the DD Form 214 in Section II. These instructions indicated:
a. The entry in item 16a will contain the MOS code, title, and date of award. Also, for enlisted personnel enter PMOS evaluation score and date of score.
b. Item 17a(1) would be the MOS code, title, and date of award for warrant and enlisted personnel.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends items 16a and 17a of his DD Form 214 are not in sequence, were flipped, and should be corrected.
2. The evidence of record clearly shows the applicant was initially trained in and awarded PMOS 96B2Z on 20 August 1971 and for a time this was the only MOS he held. However, he was subsequently awarded MOS 91G on 23 July 1973, and at that time official orders were published announcing MOSs 91G2Z and 96B2Z as his new PMOS and SMOS, respectively and his former PMOS 96B2Z was withdrawn. As a result, his DD Form 214, which clearly shows the dates he was awarded these two MOSs, correctly shows the PMOS and SMOS he held on the date of his REFRAD. Accordingly, there is no basis upon which to make any changes to items 16a and 17a of his DD Form 214.02
3. In view of the foregoing, the applicant's records should be denied.
4. A copy of his original DD Form 214 will be provided to the applicant.
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) AR20120000973
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS (ABCMR)
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120000973
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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