BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140008055
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 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 June 1991.
2. The applicant states:
a. His DD Form 214 and DD Form 215 (Correction to DD Form 214) contain incorrect information. His military occupational specialty (MOS) should be listed as "Driver Support 88M Transportation Fuel/HEMTT [Heavy Expanded Mobility Tactical Truck]" (correctly known as MOS 88M (Motor Transport Operator). He transported fuel (diesel and jet accelerator) and supplies.
b. The MOS's listed are from his Reserve unit, not what he did or was trained in at Fort Benning, Georgia, before he deployed in support of the Gulf War.
c. This incorrect information will impact his service-connection claim.
d. He was also involved, but not one of the injured, in the February 1991 scud attack on the Dhahran barracks. It is very possible his records may have been destroyed in the attack since he has been trying to locate his records for many years without success.
3. The applicant provides a detailed letter of explanation.
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. Having prior service in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR) on 19 August 1976. Item 6 (MOS's) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he was awarded:
* primary MOS 76Y (Unit Supply Specialist) effective 24 July 1987
* secondary MOS 11B (Infantryman) effective 7 April 1987
* additional MOS 94B effective 7 April 1987
3. He was ordered to active duty on 15 January 1991 in support of Operations Desert Shield/Desert Storm. He served in Southwest Asia from 5 February 1991 to 24 May 1991. On 13 June 1991, he was honorably released from active duty.
4. Item 11 of his DD Form 214 for the period ending 13 June 1991 shows the following entries:
* 76Y1O-UNIT SUPPLY SPECIALIST, 8707
* 94B1O-FOOD SERVICE SPECIALIST, 8704
* NOTHING FOLLOWS
5. There is no evidence in the available records which shows he was awarded MOS 88M.
6. A DD Form 215, dated 12 May 1992, amended item 11 of his DD Form 214 for the period ending 13 June 1991 to show the entry "76Y1O UNIT SUPPLY SPECIALIST 00YRS 07MOS//NOTHING FOLLOWS."
7. He was honorably discharged from the USAR on 11 May 1993.
8. According to the U.S. Army Center of Military History, U.S. Army participation in the Persian Gulf War emphasized several types of specialized training. The decision to haul, rather than drive, heavy equipment overland in the Persian Gulf created a demand to train an additional 1,000 heavy equipment drivers quickly. The Transportation School reduced the normal training time of 8 weeks to 4 for motor transport operators, MOS 88M, and successfully trained the additional drivers.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated to enter the titles of all MOS's served (clarified by the U.S. Army Human Resources Command to mean held) for at least 1 year from the Enlisted Record Brief and include the number of years and months served for each MOS in item 11. For time determination, 16 days or more count as a month.
DISCUSSION AND CONCLUSIONS:
Although the applicant contends he was trained in MOS 88M and his sincerity is not in doubt, there is no evidence of record and he provided no evidence that shows he was awarded MOS 88M. Only MOS's awarded are entered on the DD Form 214. Therefore, there is insufficient evidence on which to amend item 11 of his DD Form 214 for the period ending 13 June 1991.
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) AR20140008055
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ABCMR Record of Proceedings (cont) AR20140008055
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