IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130008166
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 he was awarded a secondary military occupational specialty (MOS).
2. The applicant states his cross-trained MOS is not listed.
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 enlisted in the Regular Army on 14 January 1981. He completed training and was awarded MOS 55B (Ammunitions Specialist).
3. The applicant arrived in Germany on 2 June 1981. He was assigned to Headquarters and Headquarters Company, 84th Ordnance Battalion with a duty MOS of 55B.
4. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) does not show he was awarded a secondary MOS. This form further shows that he performed duties in MOS 55B throughout his service.
5. On 21 June 1984, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service. At the time of his REFRAD, the entry "55B1O Ammunitions Specialist" was made in item 11 (Primary Specialty Number, Title and Years and Months in Specialty (Additional specialty numbers and titles involving periods of one or more years)) of his DD Form 214.
6. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. This regulation stated for:
a. Item 11 to enter the primary MOS or area of concentration (AOC), and all additional MOS/AOC served for a period of one year or more, during the Soldier's continuous active military service. For each MOS/AOC, list the title with the years and months served.
b. Enlisted, enter the first five characters of the primary MOS which will include the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable -- if not, the fifth character will be a "O."
c. The specialties must be validated on the DA Forms 2A (Personnel Qualification Record - Part I), DA Form 2-1, or the Officer Record Brief.
DISCUSSION AND CONCLUSIONS:
1. There is insufficient evidence in the applicant's record and the applicant has provided no evidence to support his contention that he was cross-trained in another MOS.
2. Therefore, there is no basis for granting the applicant's 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 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) AR20130008166
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ABCMR Record of Proceedings (cont) AR20130008166
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