IN THE CASE OF:
BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20130022042
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) for the period ending 23 July 1992 to show his military occupational specialty (MOS) as 92D (Chemical, Biological, Radiological, and Nuclear Specialist) instead of 52D (Power Generation Equipment Repairer).
2. The applicant states MOS 92D is missing from his DD Form 214.
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 U.S. Army Reserve (USAR) on 19 December 1984 for an 8-year period.
3. He was ordered to active duty for training on 4 April 1985. He completed basic combat training on 7 June 1985.
4. On 26 August 1985, he completed advanced individual training and was awarded MOS 52D. On the same date, he was released from initial active duty training. His DD Form 214 for this period shows in:
* item 11 (Primary Specialty) 52D1O, Power Generation Equipment Repairer Training Only
* item 14 (Military Education) Power Generation Equipment Repairer, 9 weeks (August 1985)
5. He was discharged from the USAR and he enlisted in the Regular Army on 15 April 1986. His DA Form 3286-18 (Statements for Enlistment) shows he acknowledged no training was required and he was enlisting in his former MOS of 52D.
6. On 23 July 1992, he was honorably released from active duty and transferred to the USAR. His DD Form 214 for this period shows he completed 6 years, 3 months, and 9 days of creditable active service. Item 11 of his DD Form 214 shows the entry "52D, Power Generation Equipment Repairer, 6 years and 3 months."
7. His records are void of and he does not provide any evidence showing he completed training or was awarded MOS 92D.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparation and distribution of the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.
a. Item 11 of the DD Form 214 reflects the primary specialty. This item contains titles of all MOS's served for at least 1 year and includes the number of years and months served for each MOS.
b. Item 14 shows the Soldier's military education, formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. This item includes title, length in weeks, and year completed.
DISCUSSION AND CONCLUSIONS:
1. The applicant was formally trained in and held MOS 52D. The title of this MOS was "Power Generation Equipment Repairer" and is properly listed in item 11 of his DD Form 214 for the period ending 26 August 1985 and the corresponding training course is properly listed in item 14.
2. Since he enlisted in the Regular Army in his former MOS of 52D, no additional formal MOS training was required. This MOS is properly listed in item 11 of his DD Form 214 for the period ending 23 July 1992 and no other training is entered in item 14.
3. There is no evidence in his records and he does not provide any evidence showing he completed MOS 92D training or any formal training in any other MOS.
4. In view of the foregoing, he is not entitled to the 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 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) AR20130022042
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ABCMR Record of Proceedings (cont) AR20130022042
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