IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140007704
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 item 23 (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United Report of Separation or Discharge).
2. The applicant states:
a. his DD Form 214 incorrectly lists his military occupational specialty (MOS) as 94B (Cook);
b. he never changed his MOS and was always an infantry Soldier who held MOS 11B (Light Weapons Infantryman); and
c. he performed mess hall duty his last four months of service.
3. The applicant provides:
* Separation Order
* Amendment Order
* DD Form 214
* EA Form 7 (Individual Training Record)
* DD Form 214
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show he was inducted into the Army of the United States on 1 August 1967. He was trained in and awarded MOS 11B.
3. His military record includes Headquarters, United States Army Training Center, Infantry, Special Orders Number 326, dated 22 November 1967. It shows he was awarded primary MOS (PMOS) 11B1O on 1 December 1967,
4. Headquarters, 2nd Infantry Division, Special Orders Number 147, dated 27 May 1969, announced the applicants award of PMOS 94B2O and secondary MOS (SMOS) 11B1O, effective on 6 May 1969. It also withdrew PMOS 11B1O. This was the date he was promoted to specialist four.
5. His DA Form 20 (Enlisted Qualification Record) includes the following two entries in item 22 (Military Occupational Specialties):
TYPE
CODE
TITLE
DATE
SMOS
11B1O
Lt. Wpns Inf. Mn
1 Dec 67
PMOS
94B2O
Cook
6 May 1969
6. On 26 July 1969, he was honorably released from active duty (REFRAD) after completing 1 year, 11 months, and 26 days of total active service. The DD Form 214 issued him at that time includes entry "94B2O COOK" in item 23a.
7. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes
standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicants discharge contained item-by-item instructions for completing the DD Form 214 in Section II. These instructions indicated to enter the primary MOS code number, title, and date of award in item 23a.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends items 23a of his DD Form 214 should be corrected.
2. The evidence of record clearly shows the applicant was initially trained in and awarded PMOS 11B1O on 1 December 1967 and for most of his military service this was the only MOS he held. However, he was subsequently awarded MOS 94B2O on 6 May 1969, and at that time official orders were published announcing MOSs 94B2O and 11B1O as his new PMOS and SMOS, respectively and his former PMOS 11B1O was withdrawn. A 94B slot may have been the only slot available to allow for his promotion. Once promoted in an MOS that MOS was required to be made the Soldiers PMOS. As a result, his DD Form 214, correctly shows he held MOS 94B2O on the date of his REFRAD. Accordingly, there is no basis upon which to make any changes to item 23a of his DD Form 214.
3. In view of the foregoing, the applicant's request should be denied.
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) AR20140007704
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ABCMR Record of Proceedings (cont) AR20140007704
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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