IN THE CASE OF:	  

		BOARD DATE:  13 September 2012

		DOCKET NUMBER:  AR20120004691 


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 show his primary specialty title and number as "71T2O Equipment Maintenance Clerk" instead of "76D Automotive Repairman."

2.  The applicant states he went to the U.S. Army Administration School at Fort Jackson, SC in August 1973.  He is trying to find a job as a dispatcher which is the equivalent of a military equipment maintenance clerk.  He has experience as a dispatcher and wants his DD Form 214 corrected.

3.  The applicant did not provide any 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 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 enlisted in the Regular Army for 6 years on 14 June 1973.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 71T (Equipment Maintenance Clerk).

3.  He served in Germany from 31 July 1974 to 3 June 1976.  He was assigned to the 23rd Ordnance Company. 

4.  His records contain multiple Enlisted Evaluation Data Reports (EEDR)/ Enlisted Evaluation Reports (EER) that show he was evaluated as follows:

* EEDR, dated 28 February 1975, that shows in August 1974, he was evaluated in MOS 71T and received an MOS evaluation score of 95
* EEDR, unsigned, that shows in November 1975, he was evaluated in MOS 76S (Vehicle Materiel Supply Specialist) and received an MOS evaluation score of 40
* EER from August 1974 through January 1975 that shows he held primary MOS (PMOS) 71T
* EER from February through August 1975 that shows he held PMOS 76S and secondary MOS (SMOS) 71T

5.  On 5 March 1976, Headquarters, U.S. Army Europe and Seventh Army published Special Orders Number 065 awarding him PMOS 76D (Ordnance Supply and Parts Specialist) and withdrawing PMOS 76S effective 1 March 1976. 

6.  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).

7.  He was honorably discharged from active duty on 8 June 1976.  His DD Form 214 shows in:

* Item 16a (Primary Specialty and Number) the entry "76D2O  76-03-01 AUTOMOTIVE REPAIRMAN SCORE 95  74-08" 
* Item 17A (Secondary Specialty Number and Title) the entry "NONE"

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Items 16a and 16b of the version in effect at the time list the primary and secondary MOS the Soldier held at the time of his/her separation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was initially trained in and held MOS 71T (Equipment Maintenance Clerk).  He served in Germany in this duty MOS.  He was also evaluated in this MOS in August 1974.

2.  He appears to have been awarded MOS 76S as evidenced by the fact that he also performed in MOS 76S in Germany and he was evaluated in this MOS albeit he did not pass his MOS evaluation.  

3.  In March 1976, his higher headquarters published official orders withdrawing PMOS 76S and awarding him PMOS 76D.  The proper title for this MOS is "Ordnance Supply and Parts Specialist."  The current title "Automotive Repairman" shown on his DD Form 214 is not associated with MOS 76D.

4.  As a matter of clarity, the applicant's DD Form 214 should be corrected to show the correct title for his primary MOS.

5.  His DA Form 2-1 shows that MOS 71T was completely withdrawn on an unknown date.  It is likely this withdrawal was the result of a Headquarters, Department of the Army MOS conversion in March 1976.  Since the available evidence shows he did not hold MOS 71T at the time of his separation, there is no basis for adding this MOS to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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  deleting from item 16a the entry "76D2O  76-03-01 AUTOMOTIVE REPAIRMAN SCORE 95  74-08" and adding the entry "76D2O  76-03-01 ORDNANCE SUPPLY AND PARTS SPECIALIST.”

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 assigning adding MOS 71T in item 16.



      __________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)                                         AR20120004691



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ABCMR Record of Proceedings (cont)                                         AR20120004691



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