BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120009804 


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 records to show his correct military occupational specialty (MOS) and most significant duty assignment.

2.  The applicant states he completed training in MOS 1677 (Military Police).  He adds that his separation document shows MOS 4405 (Clerk Typist); however, that was a temporary MOS.

3.  The applicant provides a copy of a certificate of training in support of his request.

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's military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) offers sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted and entered active duty on 2 April 1953, honorably released from active duty on 23 March 1955, and transferred to the Army Reserve (Artillery) to complete his Reserve obligation.  He completed 1 year, 11 months, and 22 days of net active service this period that included 1 year, 1 month, and 25 days of foreign service.  It also shows in:

	a.  item 5 (Qualifications - Specialty Number or Symbol):  4405, Clerk Typist;

   b.  Item 28 (Most Significant Duty Assignment):  Headquarters Battery,
30th Field Artillery Group, Germany; and

   c.  item 31 (Service Training Courses Successfully Completed):  "NA."

4.  In support of his application, the applicant provides a copy of a Military Police Replacement Training Center, Camp Gordon, Georgia, Certificate of Training, that shows he completed Basic Military Police Training, MOS 1677, on
8 August 1953.

5.  Special Regulation Number 615-360-1 (Enlisted Personnel - Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's separation from the Army, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214. The instructions show for:

   a.  item 5, enter the primary MOS code number as shown in the individual's DA AGO Form 20 (Soldier's Qualification Card);

   b.  item 28, enter the last unit or similar element, to which assigned for duty rather than the element of which the individual was a part while moving to a separation activity; and

   c.  item 31 enter such installation training courses (qualification courses), military correspondence courses, and off-duty courses as the individual has completed successfully.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his specialty was MOS 1677 (Military Police) and also show this duty as his most significant duty assignment.

2.  The applicant's DD Form 214 shows he held MOS 4405 (Clerk Typist).  It also shows he served overseas for 1 year, 1 month, and 25 days and that his most significant (last) duty assignment was Headquarters Battery, 30th Field Artillery Group (Germany).

3.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial credible evidence to rebut the presumption.  The applicant fails to provide evidence that he held MOS 1677 at the time of his separation or that he was assigned to a unit other than the one shown in item 28 of his
DD Form 214 just prior to his separation processing.

4.  The training certificate the applicant provides shows that he completed basic military police training for MOS 1677 at the Military Police Replacement Training Center, Camp Gordon, Georgia, on 8 August 1953.  Regrettably, the certificate alone does not offer evidence of how long he held the MOS.  Thus, there is insufficient evidence to correct item 5 or item 28 of his DD Form 214.  However, it would be appropriate to show the training in item 31 of 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 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 deleting from item 31 of his DD Form 214 the entry "NA" and adding "Basic Military Police, Camp Gordon, Georgia."

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 his military occupational specialty and most significant duty assignment.



      
      _______ _ 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)                                         AR20120009804



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ABCMR Record of Proceedings (cont)                                         AR20120009804



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