BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140016597
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) for the period ending 24 February 1988 to show he held military occupational specialty (MOS) 77F (Petroleum Supply Specialist) in block 11 (Primary Specialty Number) and to show he completed the Jungle Operations Training Course (JOTC) in block 14 (Military Education).
2. The applicant states, in effect, his DA Form 2-1 (Personnel Qualification Record Part II) clearly shows he served in MOS 77F and he completed the JOTC.
3. The applicant provides his DD Form 214 for the period ending 24 February 1988 and a copy of his DA Form 2-1.
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 U.S. Army Reserve (USAR) on 23 May 1980.
3. Orders dated 9 February 1981 show he was ordered to initial active duty for training (IADT) for training in MOS 64C (Motor Transport Operator).
4. A DD Form 214 shows he was awarded MOS 64C upon completion of IADT on 27 August 1981.
5. He enlisted in the Regular Army on 17 February 1982, with duties in MOS 64C (no training required).
6. A Letter of Appreciation, dated 27 September 1984, shows he completed the 2-week JOTC during the period 8-20 September 1984; however, item 17 (Civilian and Military Schools) of his DA Form 2-1 shows he completed the JOTC in 1985.
7. Item 6 (MOS) of his DA Form 2-1 does not show that he was awarded MOS 77F. Item 35 (Record of Assignments) shows he performed duties in MOS 77F from 1 March 1987 to 24 February 1988.
8. He was discharged on 24 February 1988. His DD Form 214 does not include MOS 77F in block 11 and the JOTC is not shown in block 14.
9. There is no evidence in the applicant's records indicating he received formal training in MOS 77F or that he was awarded MOS 77F as his primary MOS.
10. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, 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 the preparation of the DD Form 214. It stated:
a. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.
b. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
c. In block 11 (Primary Specialty), enter the MOS codes, titles, years and months for warrant officers and enlisted personnel.
d. In block 14, list in-service training courses, title, number of weeks, and year completed. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show MOS 77F and to show he completed the JOTC has been carefully considered.
2. Evidence shows he enlisted in the Regular Army for duties in primary MOS 64C and there is no evidence indicating he received formal training in MOS 77F or that he was awarded MOS 77F as his primary specialty. Therefore, there is insufficient evidence to amend his DD Form 214 to show MOS 77F in block 11.
3. The evidence confirms he completed the JOTC during his period of active duty service; however, the governing regulation at the time provided that training courses for combat skills would not be entered in block 14 of the DD Form 214. The JOTC is considered a combat skills training course; therefore, this training should not be added to his DD Form 214.
4. Based on the foregoing, there is no basis for granting the applicant's 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) AR20140016597
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ABCMR Record of Proceedings (cont) AR20140016597
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