IN THE CASE OF:	  

		BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140002200 


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 records to show his correct military occupational specialty (MOS) and that he was promoted to pay grade E-5.

2.  The applicant states he completed advanced individual training (AIT) and was awarded primary MOS (PMOS) 16B (Hercules Missile Crewman).  However, he never performed duties in the MOS and his PMOS was changed to 16C2O (Hercules Missile Fire Control Crewman (FCC) Mechanic).  After he was released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR), he was assigned duty as a Redeye Team Chief in duty MOS (DMOS) 13B4O (Cannon Crewmember) and promoted to grade E-5.  He inquired if this was a temporary position and was told it was a permanent position.  He adds that he is unable to obtain documents from unit supply records that substantiate the uniforms and insignia he was issued.

3.  The applicant provides copies of his DA Form 20 (Enlisted Qualification Record), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and discharge orders.

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 21 August 1967 for a period of 3 years.  He completed AIT and was awarded MOS 16B1O on 15 December 1967.

3.  Battery D, 3rd Battalion (Hercules), 65th Artillery, Cleveland, OH, Letter of Recommendation, dated 17 April 1969, shows the commanding officer confirmed the applicant had served in the unit for the past 15 months as an FCC rather than a Launcher Crewman, he performed the duty in an exceptional manner, and was recommended for continued utilization as an FCC at his next assignment.

4.  His DA Form 20 shows in:

* item 22 (MOS) –

* PMOS 16B2O, Hercules Missile Crewmember, 15 December 1967
* Secondary MOS (SMOS) 16C2O, Hercules Missile FCC Mechanic, 
3 April 1968

* item 27 (Military Education), he completed Hercules Missile Crewman 
(MOS 16B) training in 1967
* item 33 (Appointments and Reductions), he was promoted to specialist four (SP4)/pay grade E-4 with a date of rank (DOR) of 20 December 1968
* item 38 (Record of Assignments), he served in –

* DMOS 16C2O, Hercules Missile FCC; Battery D, 3rd Battalion (Hercules), 65th Artillery, Cleveland, Ohio, from 3 January 1968 through 16 April 1969
* DMOS 16C2O, Senior Fire Control Operator; Battery C, 4th Battalion (Hercules), 44th Artillery, U.S. Army Pacific, from 2 June 1969 through
18 June 1970
* REFRAD, transferred to the USAR Control Group (Reinforcement), 
7 August 1970
* DMOS 13B4O, Redeye Team Chief (USAR Ready Reserve); Headquarters and Headquarters Battery, 3rd Battalion, 92nd Field Artillery

* item 48 (Date of Audit), he reviewed the information on 9 February 1970

5.  Headquarters, U.S. Army Armor Center, Fort Knox, KY, Special Orders Number 159, dated 6 August 1970, show the applicant was REFRAD on
7 August 1970, in the rank of SP4 and PMOS 16B2O, and transferred to the USAR Control Group (Reinforcement) in the rank of SP4.

6.  The applicant's DD Form 214 shows he was honorably REFRAD on 7 August 1970 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  He had completed 2 years, 11 months, and 17 days of net active service this period that included 1 year and 22 days of foreign service.

* It also shows in –

* item 5a (Grade, Rate or Rank):  SP4
* item 5b (Pay Grade):  E4
* item 6 (DOR):  20 December 1968
* item 23a (Specialty Number and Title):  16B2O, Hercules Missile Crewman

7.  Headquarters, Fifth U.S. Army, Fort Sam Houston, TX, Letter Order Number 01-1136, dated 3 January 1974, honorably discharged the applicant from the USAR effective 30 November 1973.  The orders show his rank as "SP4" and his MOS as "16B2O."

8.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was –

* awarded MOS 16C2O as his PMOS
* awarded MOS 13B4O as his PMOS
* promoted to pay grade E-5

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was awarded PMOS 16C2O while on active duty, and promoted to pay grade E-5 and awarded PMOS 13B4O while in the USAR.

2.  Records show the applicant entered active duty and was awarded PMOS 16B2O on 15 December 1967, awarded SMOS 16C2O on 3 April 1968, and promoted to SP4 (E-4) on 20 December 1968.

   a.  The evidence of record shows the applicant served on active duty in DMOS 16C2O (emphasis added) from 3 January 1968 through 18 June 1970.  However, there are no orders or other evidence that shows he was awarded MOS 16C2O as his PMOS.

   b.  It is not unusual for a Soldier to serve in a duty position/DMOS that is not his PMOS, but is in the same career management field as his PMOS.  However, the mere performance of duty in a DMOS does not necessarily result in the MOS being awarded as the Soldier's PMOS.  In fact, the evidence of record shows the DMOS was awarded as the applicant's SMOS on 3 April 1968.

   c.  His DD Form 214 shows he was REFRAD, on 7 August 1970, in the rank of SP4 (E-4) and that he held MOS 16B2O as his PMOS.  Thus, there is no basis for correcting item 23a of his DD Form 214.

3.  Records show the applicant was transferred to the USAR on 8 August 1970 in the rank of SP4 with PMOS 16B2O.

   a.  The evidence of record shows he served in the USAR in DMOS 13B4O (emphasis added) from 14 February 1973 through 29 November 1973.  However, there are no orders or other evidence that shows he was awarded MOS 13B4O as his PMOS or that he was promoted to pay grade E-5.

   b.  It is not unusual for a Soldier to serve in a duty position/DMOS that is not his PMOS and/or one grade above his actual grade.  However, the mere performance of duty in a DMOS and/or higher grade does not necessarily result in the MOS being awarded as the Soldier's PMOS and/or the Soldier being promoted to that grade.  In fact, a Soldier who demonstrates leadership traits exceeding his current grade is often placed in a higher-graded position as an "Acting Noncommissioned Officer" to further develop his/her leadership skills.  In the absence of orders awarding him a new PMOS and promoting him to grade
E-5, it is reasonable to conclude that this is what occurred in the applicant's case.

   c.  Orders show he was discharged from the USAR, on 30 November 1973, in the rank of SP4 (E-4) and that he held MOS 16B2O as his PMOS.  Thus, there is no basis for correcting the orders that discharged the applicant from the USAR.

4.  Therefore, in view of all of the foregoing, there is no basis for granting 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 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)                                         AR20140002200



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ABCMR Record of Proceedings (cont)                                         AR20140002200



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