IN THE CASE OF:	  

		BOARD DATE:	       19 August 2008 

		DOCKET NUMBER:  AR20080009533 


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 military occupational specialty (MOS) on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states, in effect, that his DD Form 214 erroneously shows he was a medical technician.  He states that he was a heavy equipment operator, a truck driver, and a demolition man at the time of his discharge.  He was transferred from B Company of the 44th Engineer Construction Battalion to the Medical Detachment in November 1950 as driver and light maintenance of vehicles.  He was also a driver for a dentist.

3.  The applicant provides a copy of his DD Form 214; his letter, dated 26 May 2008 addressed to the Department of Veterans Affairs; and a history of the 44th Engineer Construction Battalion.  

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’s military records are not available to the Board.  This case is being considered using the applicant’s DD Form 214.

3.  The applicant enlisted in the Regular Army on 17 August 1948 for a period of two years.  His DD Form 214 shows his branch of service was the Army Medical Department.  He served in Korea from 26 September 1950 to 6 June 1951.

4.  The applicant was honorably discharged on 6 July 1951.  His DD Form 214 shows his most significant duty assignment was the Medical Detachment, 44th Engineer Construction Battalion.  

5.  Item 5 (Qualifications, Specialty Number or Symbol) on his DD Form 214 shows the entry “3333” (Dispensary Technician) and the related civilian occupation as “Medical Technician.”

6.  There is no evidence of record available which shows the applicant was awarded or held an MOS for a heavy equipment operator, a truck driver, or a demolition man.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states that 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.  

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he was a heavy equipment operator, a truck driver, and a demolition man at the time of his discharge, there is no evidence available which shows he held or served as a heavy equipment operator, a truck driver, or a demolition man at the time of his discharge.  

2.  The applicant’s DD Form 214 shows he served in MOS “3333” as a dispensary technician at the time of his discharge.  There is insufficient evidence on which to base correction of his MOS on his DD Form 214.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  __xx____  __xx____  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.



      ________xxxx__________
               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)                                         AR20080009533



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ABCMR Record of Proceedings (cont)                                         AR20080009533



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