IN THE CASE OF: 

		BOARD DATE:	    17 July 2014

		DOCKET NUMBER:  AR20130018619 


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) with a separation date of 1 September 1981 to show he:

* was trained in military occupational specialty (MOS) 74D (Chemical, Biological, Radiological, Nuclear (CBRN) Specialist) 
* held a "Unit Police" MOS (taken to mean MOS 95B (Military Police))
* was awarded MOS 27D4O (Paralegal Specialist) while in the U.S. Army Reserve (USAR)

2.  The applicant states that in addition to the above corrections he should have been promoted to specialist five (SP5)/pay grade E-5.

3.  The applicant provides no additional evidence in support of his application.

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.  In ABCMR Docket AR1999015350, dated 22 July 1999, the Board denied the applicant's request for adding MOS 95B and MOS 71E (Court Reporter) (later converted to MOS 27D) to his DD Form 214.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  The applicant's request for reconsideration regarding MOS 95B and MOS 27D does not meet the criteria cited above.  This portion of his request will not be discussed further in these proceedings.  

3.  On 5 September 1978, he enlisted in the Regular Army for 3 years.  He completed basic combat and advanced individual training and was awarded MOS 13B (Cannon Crewman).  

4.  On 7 February 1979, he was assigned to Service Battery, 2nd Battalion, 
8th Field Artillery, Fort Ord, CA.  On 13 November 1979, he was awarded secondary MOS 36L (Electronic Switching Systems Repairer).

5.  Item 6 (MOSs) of his DA Form 2-1 (Personnel Qualification Record) does not show he was awarded MOS 74D, and item 17 (Civilian Education and Military Schools) does not show he received CBRN training.  There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him MOS 74D.

6.  Item 18 (Appointments and Reductions) of his DA Form 2-1 shows he was promoted to specialist four (SP4)/pay grade E-4 on 1 March 1980.  There is no entry showing he was promoted to SP5.  

7.  On 1 September 1981, he was released from active duty and transferred to the USAR Control Group (Reinforcement).  His DD Form 214 shows in:

* item 4a (Grade, Rate or Rank) - SP4
* item 11 (Primary Specialty Number, Title and Years and Months in Specialty) - MOS 13B and 36L
* item 12c (Net Active Service This Period) - 2 years, 11 months, and 27 days

8.  There are no orders in his MPRJ promoting him to SP5, and his MPRJ is void of documentation showing he was considered and recommended for promotion to this rank during either his active duty or USAR service.

9.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, governed the promotion of enlisted personnel.  It stated promotions to pay grades E-4 through E-9 were to be announced in orders.

10.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  

	a.  The purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It was important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

	b.  The DA Form 2-1 was among those source documents to be used when preparing the DD Form 214.  

	c.  The following entries were prescribed on the DD Form 214:

* Item 4a - enter the active duty grade or rank and pay grade at the time 	of separation 
* item 11 -  enter MOS codes, titles, years, and months 

DISCUSSION AND CONCLUSIONS:

1.  There are no orders promoting the applicant to SP5 in his MPRJ and he provided none.  The highest rank/grade shown on his DA Form 2-1 is SP4/E-4.  In the absence of promotion orders or any other corroborating evidence to the contrary, there is no basis for correcting his record to show he was promoted to SP5.

2.  Item 6 of his DA Form 2-1 does not show he was awarded MOS 74D, and there are no orders in his MPRJ awarding him this MOS.  Therefore, there is insufficient evidence to add MOS 74D to his DD Form 214.






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)                                         AR20130018619



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ABCMR Record of Proceedings (cont)                                         AR20130018619



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