IN THE CASE OF:	  .

		BOARD DATE:	  	  23 October 2008

		DOCKET NUMBER:  AR20080012839 


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, in effect, that his military occupational specialty (MOS) be corrected.  

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) should not show his MOS as “cook” because he only worked as a cook for two weeks.  He worked as a tank driver for a couple of months and as an Emergency Medical Technician (EMT) medic at a hospital in Germany for over a year.  

3.  The applicant provides a copy of his DD Form 214, in support of his application.

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 was inducted into the Army of the United States on 18 July 1967.  At the completion of basic combat and advanced individual training, he was awarded MOS 94B (Cook).  He was assigned to Germany in February 1968 as a cook in duty MOS 94B.  His highest grade held was private first class (PFC)/E-3.

3.  Item 38 (Record of Assignments) on his DA Form 20 (Enlisted Qualification Record) shows he performed duties as a cannoneer in duty MOS 13A (Field Artillery Basic) from 22 March 1968 to 18 September 1968 and as a radio telephone operator in duty MOS 13A from 10 February 1969 to 3 March 1969.  His Enlisted Qualification Record shows he also performed duties as a battery aidman in duty MOS 91B (Medical Specialist) from 4 March 1969 to the date he departed Germany on 26 June 1969.

4.  Headquarters, 8th Infantry Division Special Orders Number 130, dated 10 May 1969, reassigned the applicant from Germany to Fort Dix, New Jersey on 27 June 1969 for processing for separation.  These orders show his MOS as 94B2O on the standard name line.

5.  Headquarters, U.S. Army Personnel Center, Fort Hamilton, Brooklyn, New York Special Orders Number 126, dated 30 June 1969, released the applicant from active duty on 30 June 1969.  These orders show his MOS as 94B2O on the standard name line.  

6.  Item 23a (Specialty Number and Title) on the applicant's DD Form 214 shows the entry “94B2O Cook.”

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of 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.  In pertinent part, it directs that the primary MOS code number and title will be entered in item 23a on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed advanced individual training and was awarded MOS 94B.  

2.  The applicant’s Enlisted Qualification Record shows he served as a cannoneer and radio telephone operator in duty MOS 13A.  He later performed duties as a battery aidman in duty MOS 91B.  

3.  The applicant contentions that he worked as a tank driver for a couple of months and as an EMT medic for over a year are noted.  However, the entry in item 23a on the DD Form 214 was meant to indicate what MOS he held at the time of his separation, not the MOS(s) in which he performed duties.  Therefore, there is insufficient evidence as a basis to correct his DD Form 214 to show he held an MOS as a tank driver or EMT medic.

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)                                         AR20080012839



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ABCMR Record of Proceedings (cont)                                         AR20080012839



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