IN THE CASE OF:
BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130008108
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 (Armed Forces of the United States Report of Transfer or Discharge) to show he held military occupational specialty (MOS) 62E (Heavy Construction Equipment Operator), instead of MOS 94B (Food Service Specialist).
2. The applicant states:
* his DD Form 214 incorrectly lists his MOS as 94B (Cook)
* he never served as a cook during his period of military service
* his final MOS was 62E
* he requests a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to reflect this corrected MOS
3. The applicant provides a copy of his DD Form 214 and Special Orders Number 219, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA on 7 August 1971.
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 on 5 February 1969. He entered active duty, completed initial entry training, and was awarded MOS 94B.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 23 March 1970 through on or about 7 August 1971.
4. Unit Orders Number 78, issued by Company A, 14th Engineer Battalion (Combat) on 15 July 1970, announced his temporary appointment to the rank/grade of specialist four (SP4)/E-4, effective 15 July 1970, in MOS 94B.
5. Special Orders Number 219, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA on 7 August 1971, ordered his relief from active duty. These orders show his MOS as 62E.
6. On 7 August 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). Item 23a (Specialty Number and Title) of his DD Form 214 shows he held MOS 94B at the time of his release from active duty.
7. Item 22 (MOS) of his DA Form 20 shows he held MOS 94B as his primary MOS, which was awarded on 26 September 1969. No secondary MOS or additional MOS is shown.
8. His record consistently shows his MOS as 94B on various orders and documents throughout his period of military service. His record is void of orders or other evidence that show he was awarded or held MOS 62E during his period of military service, with the exception of Special Orders Number 219, referenced above.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states for item 23a, enter PMOS code number and title.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should show he held MOS 62E.
2. The evidence of record confirms he was awarded MOS 94B upon his completion of initial entry training. Later, he was promoted in that MOS as well.
3. His record is void of any evidence that shows he was properly awarded MOS 62E at any time prior to his separation date. Barring evidence to the contrary, the evidence suggests he held MOS 94B throughout his period of military service. Therefore, his DD Form 214 is without error and does not require correction.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100015543
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ABCMR Record of Proceedings (cont) AR20130008108
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