BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120003366
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 (Certificate of Release or Discharge from Active Duty) to show his primary military occupational specialty (MOS) as 11B (Infantryman) instead of 11C (Indirect Fire Infantryman).
2. He states he was designated as an infantryman from advanced individual training until his discharge, not a mortarman.
3. He provides no additional evidence.
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. His military records show he enlisted in the Regular Army on 14 April 1982.
3. Orders 144-32, dated 28 July 1982, published by Headquarters, U.S. Army Infantry Center, awarded him MOS 11C effective 29 July 1982.
4. His DA Form 2-1 (Personnel Qualification Record) shows he completed MOS 11C training in 1982. It further shows the only MOS he held was 11C effective 29 July 1982.
5. His DA Form 2-1 shows he was assigned to an MOS 11B position from 28 December 1982 until his discharge.
6. On 13 February 1984, he was honorably discharged from active duty. His DD Form 214 shows he held the primary MOS of 11C for 1 year and 6 months.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, stated to enter the MOS codes, titles, years, and months for enlisted personnel.
DISCUSSION AND CONCLUSIONS:
1. Orders and his DA Form 2-1 show his primary MOS throughout his tenure of service was MOS 11C.
2. His records show he served in an MOS 11B position. However, there is no evidence he was ever awarded that MOS.
3. In view of the foregoing, there is an insufficient basis for granting his request.
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 that 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) AR20120003366
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ABCMR Record of Proceedings (cont) AR20120003366
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