IN THE CASE OF:	  

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150001465 


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 reconsideration of his previous requests to correct his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his specialty number (military occupational specialty (MOS)) as 4802 (Gun Mechanic).

2.  The applicant states, in effect, that he held MOS 4802, the same as his twin brother; however, his commander had his MOS changed without his knowledge.  He tried to have it corrected at the time of separation but he was told to “keep the line moving.”  He wants both of their tombstones to reflect the same MOS.  He believes the Board reached some arbitrary conclusions and hopes the documents that he paid a researcher to find will be sufficient evidence.

3.  The applicant provides a DA Form 305-5 (Morning Report), witness statement, and his Antiaircraft and Guided Missiles Branch diploma issued by the Artillery School, Fort Bliss, TX, dated November 1953.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130021591 on 26 August 2014.

2.  The applicant's complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  The reconstructed records and the evidence provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant provided a morning report not previously considered and which warrants consideration by the Board.

4.  In the original Record of Proceedings (ROP) there was no evidence available showing the applicant had been awarded MOS 4802.  As such, it was presumed his DD Form 214 was correctly prepared based on the available evidence.

5.  The available records show he was inducted into the Army of the United States on 20 July 1953.

6.  Special orders Number 48, issued by Headquarters, 761st Field Artillery Battalion, Fort Sill, Ok, dated 17 May 1955, stated that individuals listed on the order were required to report to the Fort Sill Transition Point on the date indicated and the individuals listed in the order all held MOS 1844 unless otherwise indicated.  The applicant’s name did not have an MOS listed which shows his MOS was 1844.

7.  Special Orders Number 127, issued by Headquarters, Artillery and Guided Missile Center, Fort Sill, OK, dated 31 May 1955, released the applicant from active duty on 2 June 1955 and MOS 1844.  His DD Form 214 shows:

* his specialty is listed as “1844 Cannoneer”
* he completed the Antiaircraft Artillery Weapons Maintenance Course in November 1953

8.  ABCMR case files show the applicant applied to the Board to on several occasions for correction of his MOS.  In these ROPs he provided the following explanations/contentions as to why his MOS was reflected incorrectly:

   a.  His commander blamed him for a crane accident and threatened him with a court martial if he did not sign papers giving up MOS 4802.  He signed the papers and now wants his MOS back; and 
   
   b.  His  commander explained to him that his MOS would be administratively changed because his unit had a full complement of mechanics; however, he needed the applicant to remain in the unit.  The record was modified to reflect MOS 1844.
9.  He provided a Morning Report for Battery B, 469th Field Artillery Battalion, Fort Sill, OK, dated 28 February 1954, which listed his MOS as “4802.”  In addition, the applicant’s sergeant provided a letter confirming the applicant graduated from Gun Mechanic School and should have the associated MOS.

10.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The version of the regulation in effect at the time stated item 5 was self-explanatory.  It is presumed that the entry would contain the specialty the Soldier held at the time of release from active duty in item 5 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The Board's earlier decision was based on the presumption of regularity and it was the applicant's burden to show proof.

2.  After a review of the new evidence the applicant submitted in the form of a morning report, witness statement, and diploma for the gun mechanic school, it is appears the applicant was initially trained as a gun mechanic and performed duties in MOS 4802 during his period of active service and the entry on his 
DD Form 214 is an administrative error or reflects the duties he was performing at the time of separation.  Based on a preponderance of the available evidence it would be appropriate to correct his DD Form 214 to show his MOS 4802.

3.  In view of the above, the applicant's request should be granted.

BOARD VOTE:

_____X___  ____X____  ___X_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20130021591, dated 26 August 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 5 of his DD Form 214 to show “4802 Gunner Mechanic.”



      _______ _   __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)                                         AR20150006873



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ABCMR Record of Proceedings (cont)                                         AR20150001465



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