BOARD DATE: 30 December 2014
DOCKET NUMBER: AR20140007984
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his military occupational specialty (MOS) of 76Y1O.
2. The applicant states that he completed the 76Y course in 1983 and believes it should be reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214, Certificate of Training, and orders awarding him MOS 76Y1O.
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 8 September 1981 for a period of 3 years and training as a military police. He completed his one-station unit training at Fort McClellan, Alabama and was transferred to Germany on
30 December 1981.
3. He completed his tour in Germany on 26 August 1983 and was transferred to Fort Ord, California. On 16 December 1983, he completed the 2-week Unit Supply Clerk Course and on 25 September 1984, he was awarded MOS 76Y1O as his primary MOS (PMOS).
4. On 7 November 1984, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 3 years and 2 months of active service. His DD Form 214 issued at the time of his REFRAD shows his primary specialty of 95B1OQ9 Military Police//02 yrs and 11 months. It also shows his military education courses of Law Enforcement 14 weeks Dec 81 and "Traffic Accident Investigation Course 3 weeks Mar 83."
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided, in pertinent part, that only MOSs held for 1 year or more will be entered in item 11 of the DD Form 214 and only military courses that are 40 hours or more in duration will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed the 2 week Unit Supply Clerk Course on
16 December 1983 and is entitled to have that course entered on his DD Form 214.
2. However, he was not awarded the PMOS of 76Y1O until 25 September 1984 and he was REFRAD on 7 November 1984. Therefore, because he did not hold the MOS of 76Y1O for at least a year it was not authorized for entry on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ __x______ __x __ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry Unit Supply Clerk Course (2 wks) (Dec 83) to item 14 of his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the PMOS of 76Y1O to his DD Form 214.
_________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) AR20140007984
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ABCMR Record of Proceedings (cont) AR20140007984
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