BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20140021160 


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 Number, Title and Years and Months in Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 October 1982 to show he served in the following military occupational specialties (MOS):

* 63B (Wheel Vehicle Mechanic) for about 2 years vice 4 years and 11 months
* 95B20V5 (Military Police (MP)/MP Investigator (MPI) and 84B (Still Photographer) approximately 6 years and 4 months vice 95B20V5 2 years and 8 months and in MOS 84B for 1 year and 11 months

2.  The applicant states, in effect, the entries in item 11 of his DD Form 214 are incorrect.  He served in MOS 63B and MOS 63H (Wheel Vehicle Repairer) for only about 2 years before serving in MOS 95B or as an MP.  He was detailed into MOS 84B as an MP photographer as part of his MP duties, so the DD Form 214 should show he served as an MP/MPI/MP photographer for approximately 6 years and 4 months.  The dates are to the best of his knowledge but he may be off a month or so as he does not have all of his records.

3.  The applicant provides his DD Form 214 for the period ending 29 October 1982.  




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 30 August 1974 and he held MOS 63B.  He was promoted to the rank/grade of specialist four (SP4)/E-4 on 18 March 1976.

3.  On 24 April 1977 he was discharged from the RA in the rank of SP4 for the purpose of immediate reenlistment.  Item 16a (Primary Specialty and Title) of the DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service contains the entry 63B - Wheeled Vehicle Mechanic.  This MOS was subsequently changed to MOS 63H.

4.  He reenlisted in the RA on 25 April 1977.  His record contains a certificate that shows he attended and successfully completed the MOS 95B MP training course given at the U.S. Army MP School (USAMPS), Fort McClellan, AL, from 12 October to 7 December 1977.   

5.  His DA Form 2-1 (Personnel Qualification Record) shows he served in MOS 95B while assigned as follows from on or about:

* 17 January to 19 December 1978, 188th MP Company, Korea
* 25 January to 10 July 1980, 546th MP Company, Fort Sill, OK

6.  Orders 345-53, dated 27 February 1980, issued by the U.S. Army Field Artillery Center and Fort Sill, promoted him to the rank/grade of sergeant (SGT)/E-5 in MOS 95B20 effective 1 March 1980.

7.  His record contains a Certification of Military Service, issued on 5 August 1985, wherein it shows he served on active duty as a member of the RA from 25 April 1977 and he was honorably discharged on 10 July 1980 in the rank of SGT.  His record is void of a DD Form 214 for this period of service.  At that time, the Army had discontinued the issuance of a separate DD Form 214 for each period of enlistment or reenlistment.

8.  He reenlisted in the RA on 11 July 1980.  His record contains a certificate that shows he attended and successfully completed the 95B V5 MPI training course given at USAMPS, Fort McClellan, AL, from 30 July to 25 September 1980.

9.  Orders 182-268, dated 17 September 1980, issued by the USAMPS and Chemical School/Training Center and Fort McClellan, awarded him primary MOS (PMOS) 95B10V5 and withdrew PMOS 95B10 effective 25 September 1980.  These orders show his rank as SP4; however, his record shows he had been promoted to SGT on 1 March 1980.

10.  On 25 September 1980, he was assigned to the 61st MP Company, Germany.  Orders 345-53, dated 10 December 1980, issued by the U.S. Army Regional Personnel Center, Germany, awarded him secondary MOS (SMOS) 84B and withdrew SMOS 63H.  His rank is shown as SGT.

11.  He was honorably discharged on 29 October 1982 in the rank of SGT.  The DD Form 214 he was issued for this period of service shows his date of rank (DOR) to SGT was 1 March 1980.  Item 11 of this DD Form 214 contains the following entries:

* 95B20V5 Military Police/Investigator - 2 years, 8 months
* 63B00 Power Generation and Wheel Vehicle Mechanic - 4 years, 11 months
* 84B00 Still Photographer - 1 year, 11 months

12.  A review of a listing of Army MOS’ shows in 1982 the MOS for a Power Generation Equipment Repairer was MOS 63D.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contained guidance on the preparation of the DD Form 214.  This chapter stated in item 11 show the primary and additional specialties, titles, and years and months of an MOS the Soldier served in for at least 1 year.  For time determination, 16 days or more count as a month.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms during the applicant’s first period of service in the RA he held MOS 63B and this MOS is correctly shown on his DD Form 214 for the period ending 24 April 1977.  This MOS was subsequently changed to 63H.

2.  Although orders awarding him MOS 95B10 are not available for review, his record shows he successfully completed the MP course on 7 December 1977 and subsequently served in MOS 95B.  It is reasonable to presume orders were published to show he was awarded PMOS 95B effective 7 December 1977, PMOS 63H was withdrawn, and he awarded SMOS 63H.

3.  In addition, he served on active duty in the RA from 25 April 1977 to 10 July 1980 and he was subsequently issued a Certification of Military Service to record this period of service.

4.  He attended the MPI course and was awarded the skill identifier of V5 (MPI) effective 25 September 1980.  On 10 December 1980, he was awarded SMOS 84B and SMOS 63H was withdrawn.  He was honorably discharged on 29 October 1982 in the rank of SGT.  He completed 2 years, 3 months, and 19 days of creditable active service during this period.  As of this date he held PMOS 95B2OV5 and had served in:

* MOS 95B20 as an MP from 7 December 1977 to 24 September 1980 for 2 years and 10 months
* MOS 95B20 V5 as an MPI from 25 September 1980 to 29 October 1982 for 2 years and 1 month
* MOS 84B20 from 10 December 1980 to 29 October 1982 for 1 year and 11 months
* MOS 63H20 between 25 April 1977 to 9 December 1980 for 3 years and 7 months 

5.  It is apparent that errors were made during the preparation of his DD Form 214 for the ending 29 October 1982 as MOS 63B was incorrectly listed as Power Generation and Wheel Vehicle Mechanic vice 63H Wheel Vehicle Mechanic.  During the period 11 July 1980 through 29 October 1982 he had served in:

* MOS 95B V5 for 2 years and 1 month
* MOS 84B for and 1 year and 11 months
* MOS 63H for 5 months

6.  As he was not issued a DD Form 214 for the period 25 April 1977 to 10 July 1980, it would be appropriate to correct his DD Form 214 for the period ending 29 October 1982 to show his MOS, years, and months of each MOS that he held from 25 April 1977 to 29 October 1982 for more than 1 year.  Therefore, his DD Form 214 should be corrected as recommended below.

BOARD VOTE:

___X_____  ___X_____  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 29 October 1982 by deleting the entries in item 11 and replacing the entries with:

* MOS 95B20 Military Police - 2 years and 10 months
* MOS 95B20 V5 Military Police Investigator - 2 years and 1 month
* MOS 84B20 Still Photographer - 1 year and 11 months
* MOS 63H20 Wheel Vehicle Mechanic - 3 years and 7 months 



      _______ _  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)                                         AR20140021160



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ABCMR Record of Proceedings (cont)                                         AR20140021160



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