IN THE CASE OF:
BOARD DATE: 22 October 2013
DOCKET NUMBER: AR20130004838
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in military occupational specialty (MOS) 141.20 (Marine Oiler).
2. The applicant states he left the United States on 19 April 1959 as a private and with MOS 141.20. His MOS was not changed until after he was promoted to sergeant (SGT) on 22 September 1960 when it was changed to MOS 152.60 (Field Artillery (FA) Operations and Intelligence Assistant). This affects his medical records.
3. The applicant 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 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 records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, his reconstructed record contains documents which are sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 18 November 1958.
4. His DA Form 24 (Service Record) shows he was promoted to the rank/grade of SGT/E-5 on 22 September 1960 and that he was assigned as follows to:
* Battery B, 1st Howitzer Battalion, 3rd Artillery Regiment, Fort Hood, TX, from 26 November 1958 to 19 April 1959 in MOS 141.20
* Battery B, 2nd Howitzer Battalion, 14th Artillery Regiment, Germany, from 2 May 1959 to 16 April 1961 in MOS 152.60
* Battery C, 1st Howitzer Battalion, 3rd Artillery Regiment, Fort Hood, TX, from 6 June 1961 to 19 February 1962 in MOS 152.60
5. He was honorably released from active duty on 19 February 1962 and he was transferred to the U.S. Army Reserve. He completed 3 years, 3 months, and 2 days of creditable active service.
6. Item 25a (Special Number and Title) of the DD Form 214 he was issued contains the entry 152.60 FA Operations and Intelligence Assistant.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service upon retirement, discharge, or release from active military service or control of the Army. The version of the regulation in effect at the time stated to enter the specialty the Soldier held at the time of his release from active duty in item 25a of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant may have served in MOS 141.20 during his active service, the evidence of record shows he held MOS 152.60 during his last duty assignment at Fort Hood, TX. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a record of active Army service at the time of release from active duty. His DD Form 214 properly shows his MOS as 152.60, the MOS he held at the time of his release from active duty. Therefore, he is not entitled to the requested relief.
2. The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for medical or other benefits. Every case is individually decided based upon its merits when an applicant requests a correction to his military records. The applicant is advised that he may use his DA Form 24 if he needs to show he served in MOS 141.20 during part of his military service.
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 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) AR20130004838
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