IN THE CASE OF:  	  

		BOARD DATE:  3 February 2015		  

		DOCKET NUMBER:  AR20140009503 


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) to show the correct amount of time for each military occupational specialty (MOS) listed.

2.  The applicant states he completed 20 years and 1 month of total active service.  Item 11 (Primary Specialty) of his DD Form 214 should be corrected to show the following MOSs and time periods to reflect his total service:

* 31W4O, Mobile Subscriber Equipment (MSE) Communications Chief – 
2 years, 3 months
* 63B2O, Light Wheeled Vehicle Mechanic – 3 years, plus months (1977–
1981)
* 74E2O, Telecommunications Center Noncommissioned Officer (NCO) – 
3 years (1981–1984)
* 00R4O, Recruiter – 10 years (1984–1994)

3.  The applicant provides a copy of his 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 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 (RA) on 17 May 1977.  Through a series of reenlistments, he continued to serve in the RA until 30 June 1997.

3.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* item 6 (MOS):

* 00R4O, Station Commander – 1 September 1991
* 72E24, Cryptographic Material NCO – 24 June 1982
* 63B2O, Wheeled Vehicle Mechanic – 30 August 1977

* item 17 (Civilian Education and Military Schools), in pertinent part, he completed the following courses:

* 63B, Wheeled Vehicle Mechanic – 1977
* 72E, Cryptographic Material NCO – 1982
* 00R, Recruiter – 1984
* 31C, Single Channel Radio Operator – 1994

* item 35 (Record of Assignments), in pertinent part, the effective dates, Duty MOS (DMOS), and principal duty for the MOSs under review, as follows:

* MOS 63B:

* 8 July 1977 – 63B1O, Advanced Individual Training
* 16 August 1977 – No DMOS, Casual
* 30 August 1977 – 63B1O, Assistant Wheeled Vehicle Mechanic

* MOS 72E:

* 19 February 1982 – 72E, Student
* 24 June 1982 – 72E2O, Cryptographic Material NCO


* MOS 00R:

* October 1984 – No DMOS, Student
* 1 November 1984 – No DMOS, Casual
* 20 November 1984 – 00R2O, Recruiter

* MOS 31C:

* 6 December 1993 – 31CO0, Student
* 2 March 1994 – No DMOS, Casual
* 4 April 1994 – 31Y4O4A, System Supervisor

4.  U.S. Total Army Personnel Command, Alexandria, VA Order Number 169-29, dated 28 August 1992, promoted the applicant to sergeant first class (SFC)/pay grade E-7, effective 1 October 1992, and awarded him primary MOS (PMOS) 00R4O.

5.  Headquarters, U.S. Army Signal Center, Fort Gordon, GA, Orders 343-00262, dated 9 December 1993, awarded him PMOS 31Y4O, effective 16 March 1994.

6.  His DD Form 214 shows he entered active duty this period on 17 May 1977, was honorably retired on 30 June 1997, and transferred to the U.S. Army Reserve Control Group (Retired).  He completed 20 years, 1 month, and 14 days of total active duty service during this period.  It also shows in item 11:

* 31W44, MSE Communications Chief – 3 years, 3 months
* 63B4O, Light Wheeled Vehicle Mechanic – 19 years, 10 months
* 74C4O, Record Telecommunications Center Operator – 15 years, 
0 months
* 79R4O, Recruiter – 12 years, 7 months

7.  A review of the applicant's military personnel record failed to reveal any orders pertaining to award of MOSs 31C, 31W, 63B, 72E, 74C, 74E, or 79R.

8.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, prescribed the authorized MOSCs for enlisted Soldiers.  It also shows the MOS skill level (i.e., the 4th character in the MOS code (MOSC)) for an enlisted Soldier, as follows:


   Skill Level			Grade (Remarks)
   
   0					personnel undergoing training for first MOS
   1 					E-4 and below (helper or entry-level)
   2					E-5 (fully qualified/under general supervision)
   3					E-6 (advanced journeyman/minimum supervision)
   4					E-7 (first-line supervisor/detailed knowledge)
   5					E-8 (managerial-type supervisor/broad knowledge)

9.  Department of the Army Circular 611-96-2 (Implementation of Changes to the Military Occupational Classification and Structure), dated 15 October 1996 (and in effect at the time of the applicant's separation from active duty), implemented approved changes to enlisted MOSCs and shows, in pertinent part, MOSCs 31W, 74C, and 79R were authorized for Soldiers in grade E-7 (in lieu of 31Y, 74C, and 00R, respectively).

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.

    	(1)  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Personnel Qualification Record, Officer Record Brief, and orders.

    	(2)  The instructions show for item 11, enter the PMOS and all additional MOS served for a period of one year or more during the Soldier's continuous active military service.  For each MOS, list the title with the years and months served.  For enlisted Soldiers, enter the first five characters of the MOSC.  The MOS must be validated from the DA Form 2-1.  In determining the time eligibility for listing of MOS, 16 days or more will be counted as a month.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 11 of his DD Form 214 should be corrected to show the following MOSs and time periods:

* 31W4O, MSE Communications Chief – 2 years, 3 months
* 63B2O, Light Wheeled Vehicle Mechanic – 3 years, plus months
* 74E2O, Telecommunications Center NCO – 3 years
* 00R4O, Recruiter – 10 years
 
2.  Records show he completed training and was awarded the following MOSs on the effective dates indicated:

* 63B – 30 August 1977
* 72E – 24 June 1982
* 00R – 20 November 1984
* 31Y – 4 April 1994

   a.  A calculation of the time the applicant held/served in each MOS of record shows the following:

	1997  06  30		date retired from active duty
	- 1977  08  30		date awarded MOS 63B
	=     19  10  00		or 19 years and 10 months (MOS 63B)


	1997  06  30		date retired from active duty
	- 1982  06  24		date awarded MOS 72E
	  =     15  00  06		or 15 years and 0 months (MOS 72E)


	1997  06  30		date retired from active duty
	- 1984  11  20		date awarded MOS 00R
	=     12  07  10		or 12 years and 7 months (MOS 00R)


	1997  06  30		date retired from active duty
	- 1994  04  04		date awarded MOS 31C/31Y
	=       3  02  26		or 3 years and 3 months (MOS 31C/31Y)


   b.  The evidence of record shows that, prior to the applicant's retirement from active duty, his awarded MOSCs were redesignated, as follows:

* MOSC 00R converted to 79R
* MOSC 31C/31Y converted to 31W
* MOSC 72E converted to 74C

   c.  For the purpose of determining the period of time the applicant held each MOS, any previous MOSC designations of the MOS are used to determine the total length of time the MOS was held.

   d.  The evidence of record also shows that the appropriate skill level for the applicant's MOSCs at the time he was separated from active duty in the rank of SFC (E-7) was "4."  Thus, there is no basis to show any of his MOSCs with a skill level of "2."

   e.  Thus, item 11 of his DD Form 214 shows the correct MOSCs, titles, and years and months served.

3.  There is no evidence of record that shows he was awarded MOS 74E2O.  Thus, there is no basis to show this MOS in item 11 of his DD Form 214.

4.  Therefore, in view of all of the foregoing, there is an insufficient 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)                                         AR20140009503



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ABCMR Record of Proceedings (cont)                                         AR20140009503



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