BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100013500 


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 that the military occupational specialty (MOS) in his DA Form 201 (Military Personnel Record Jacket) be changed from 72B (Communications Center Specialist) to 55B (Ammunition Specialist).

2.  The applicant states he was trained in MOS 55B.

3.  The applicant provides:

* a National Personnel Records Center (NPRC) generated report
* an NPRC letter dated 23 April 2010
* a Request Pertaining to Military Records
* a certificate showing that he completed the Communications Center Specialist Course

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 Army on 9 August 1967.  He completed training and he was awarded MOS 72B2O on 19 January 1968.

3.  Special Orders Number 207 were published on 25 July1968 withdrawing his 72B2O MOS and awarding him MOS 55B2O, effective 7 July 1968.  This information is reflected within his official records.

4.  He was honorably released from active duty on 7 August 1970, at the expiration of his term of service.  Item 23a (Specialty Number & Title) on the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows 55B2O as his MOS.

5.  The applicant submits a copy of a certificate showing that he completed the Communications Center Specialist Course (72B2O) on 19 January 1968.

6.  Army Regulation 600-200 (Enlisted Personnel Management System) provides, in pertinent part, that a Soldier who can perform duties required of any 3-character MOS may be awarded that MOS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered.  However, his official military records show he was awarded MOS 72B2O on 19 January 1968, and that effective 7 July 1978, he was awarded MOS 55B2O. 

2.  The certificate he submits shows he completed the Communications Center Specialist Course (72B2O) on 19 January 1968.  There appears to be no basis for changing this information in his official record.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  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.




      _______ _   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)                                         AR20100013500



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ABCMR Record of Proceedings (cont)                                         AR20100013500



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