PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           2 September 1999                  
	DOCKET NUMBER:   AR1999023142

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 30 September 1985.  Specifically, that item 11 (Primary Specialty) be corrected to show
13 years in military occupational specialty (MOS) 95B (Military Police);
4 years in MOS 95C (Correction Specialist); 1 year in MOS 13A (Field Artillery Basic); and 4 years in MOS 73D (Accounting Specialist).  

3.  The applicant states that it would be an injustice if his DD Form 214 was not corrected.  He contends that he never expected to be employed by the U.S. Postal Service and that an incorrect DD Form 214 will have an impact on his retirement benefits.  He also contends that his service prior to 1970 does not seem to appear in his records in St. Louis, Missouri.  In support of his application, he submits two DD Forms 214, seven orders showing various MOS’, a copy of his DA Form 20 (Enlisted Qualification Record) and two letters from the National Personnel Records Center.        

4.  The applicant’s military records show that he served in the Navy from October 1962 to October 1964.  He enlisted in the Regular Army on 3 January 1967 for a period of 3 years.  The applicant trained as a military policeman and was honorably discharged on 23 December 1969.  He reenlisted on 20 October 1970 and remained on active duty through continuous enlistments until he retired in the rank of staff sergeant on 30 September 1985.   

5.  Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) on the applicant’s DD Form 214 with an effective date of 30 September 1985 does not show 13 years of service in MOS 95B, 4 years of service in MOS 95C, 1 year of service in MOS 13A or 4 years of service in MOS 73D.  Item 11 shows “95C30 Correction Specialist//14 Years and 1 Months//73D30 Accounting Specialist//NOTHING FOLLOWS”.  A DD Form 215 (Correction to DD Form 214) was issued on 9 January 1998 amending item 11 (Primary Specialty Number, Title and Year and Months in Specialty) of the applicant’s DD Form 214 with a separation date of 30 September 1985 to show “95B40 MILITARY POLICE//95C30 CORRECTION SPECIALIST//14 YEARS AND
1 MONTH//73D30 ACOUNTING SPECIALIST//NOTHING FOLLOWS”.

6.  Item 22 (Military Occupational Specialties) of the applicant’s DA Form
20 (Enlisted Qualification Record), dated 22 March 1969, shows the applicant was awarded MOS 95B on 14 June 1968.  Records show that he held that MOS until he was discharged on 23 December 1969 (1 year and 6 months).  The applicant’s records indicate that he reenlisted in the MOS 95B on 20 October 1970 and held that MOS until it was withdrawn on 21 July 1981 (10 years and
9 months).    

7.  The applicant’s records show that he was awarded secondary MOS 95C on 18 March 1974 and primary MOS 95C on 22 July 1981.  The applicant held that MOS until he was retired on 30 September 1985 (11 years and 6 months). 

8.  Records show the applicant was awarded MOS 13A on 12 June 1967 and the MOS was withdrawn on 25 March 1969 (1 year and 9 months).

9.  Item 6 (Military Occupational Specialties) of the applicant’s DA Form
20 (Enlisted Qualification Record), dated 29 August 1984, shows the applicant was awarded secondary MOS 73D on 4 November 1981.  Records show that he held that MOS until he was retired on 30 September 1985 (3 years and
10 months).  

10.  Army Regulation 635-5 established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states that the primary MOS and all additional MOS served for a period of one year or more, during soldier’s continuous active military service will be entered in item 11 (Primary Specialty).    
CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded and held MOS 95B from 14 June 1968 through 23 December 1969; and 20 October 1970 through 21 July 1981, for a total of 12 years and 3 months.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 30 September 1985 to show this MOS.  

2.  Evidence of record shows the applicant was awarded and held MOS 95C from 18 March 1974 through 30 September 1985, for a total of 11 years and
6 months.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 30 September 1985 to show this MOS.

3.  Evidence of record shows the applicant was awarded and held MOS 13A from 12 June 1967 through 25 March 1969, for a total of 1 year and 9 months.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 30 September 1985 to show this MOS.

4.  Evidence of record shows the applicant was awarded and held MOS 73D from 4 November 1981 through 30 September 1985, for a total of 3 years and 
10 months.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 30 September 1985 to show this MOS.

5.  Based on the foregoing, the Board determines that the DD Form 215 issued on 9 January 1998 contains erroneous information and therefore should be considered null and void.
6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected: 

	a.  by determining that the DD Form 215 issued on 9 January 1998 was null and void; and 

	b.  by showing in item 11 (Primary Specialty Number, Title and Years and Months) “95B MILITARY POLICE 12 YEARS AND 3 MONTHS”, “95C CORRECTION SPECIALIST 11 YEARS AND 6 MONTHS”, “13A FIELD ARTILLERY BASIC 1 YEAR AND 9 MONTHS” and “73D ACCOUNTING SPECIALST 3 YEARS AND 10 MONTHS” of the DD Form 214 with an effective date of 30 September 1985 of the individual concerned. 

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

MKP____  TNK____  JMA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999023142	
SUFFIX		
RECON		
DATE BOARDED	19990902	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19850930	
DISCHARGE AUTHORITY	Title 10 USC 3914	
DISCHARGE REASON	For Length of Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0500	
2.		
3.		
4.		
5.		
6.