IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013530 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013530 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013530 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, correction of item 23a (Specialty Number and Title) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states: a. He specifically enlisted for primary military occupational specialty (MOS) 95B (Military Police). He enlisted with the guarantee that he would be trained as a military policeman like his father who was in Japan. He not only trained for that MOS, but was also assigned to several military police details, worked as the driver for the fort's commanding general, escorted buses, and performed gate guard duty. b. He was later assigned to issue driver's licenses to Soldiers, was assigned to a service company, and given the MOS 64B (Heavy Equipment Operator). He never wavered in his duty to his country and even served as part of contingency operations in Iraq and Afghanistan from 2004 through 2011. All he asks is correction of his MOS to reflect 95B. 3. The applicant provides: * self-authored statement * DA Form 20 (Enlisted Qualification Record) * U.S. Army School/Training Center, Fort Gordon, GA, Special Orders Number 236, dated 16 September 1966 * application for hardship discharge, dated 3 December 1966 * newspaper article from the San Angelo Standard-Times, dated 19 September 1967, titled, "San Angelo Family Goes Third Mile for Country" * statement of payments during calendar year 2005, dated 14 January 2006 * KBR Employee of the Month Certificate, dated November 2007 * letter from Commanding Officer, 24th Marine Expeditionary Unit, dated 15 April 2008 * letter from General D____ H. P____, dated 4 July 2010 * three photographs 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 Regular Army on 27 June 1966. His enlistment documents are not available for review. 3. He provided a packet, the initial endorsement of which is dated 3 December 1966, wherein he requested a hardship discharge from the Army while assigned to Headquarters and Headquarters Company, 4th Training Brigade (Military Police), U.S. Army Training Center, Fort Gordon, GA The records in the packet show he did not meet the criteria for hardship discharge. Therefore, he was placed on administrative hold and advised to request deferment should he receive assignment instructions to Vietnam. 4. Headquarters, U.S. Army School/Training Center, Fort Gordon, GA, Special Orders Number 60, dated 4 March 1967, show he was assigned to the 140th MP Company, U.S. Army School/Training Center, and was awarded primary MOS 95B on 4 November 1966. 5. Headquarters, U.S. Army School/Training Center, Fort Gordon, GA, Special Orders Number 67, dated 11 March 1967, show his primary MOS 95B was withdrawn and primary MOS 64B (Heavy Vehicle Driver) was awarded. The circumstances surrounding withdrawal of MOS 95B and award of MOS 64B are not in his available records for review. 6. Item 22 (Military Occupational Specialties) of his DA Form 20 shows his primary MOS as 64B effective 11 March 1967. 7. His DD Form 214 shows he was honorably released from active duty on 22 May 1969. Item 23a shows his MOS as 64B. 7. He provided numerous photographs, a newspaper article from 1967, and documents showing his service as a civilian in Afghanistan and Iraq. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation. The instructions stated to enter the primary MOS code number and title in item 23a. DISCUSSION: 1. Orders show the applicant was awarded MOS 95B on 4 November 1966, but subsequent orders show MOS 95B was withdrawn 4 months later on 11 March 1967 when he was awarded MOS 64B. Records indicate he held MOS 64B from 11 March 1967 until his release from active duty on 22 May 1969. 2. His DD Form 214 appropriately lists his MOS as 64B at the time of his release from active duty. There was no regulatory provision to list previously held MOSs on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013530 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013530 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2