IN THE CASE OF: BOARD DATE: 17 January 2012 DOCKET NUMBER: AR20110014287 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 item 5 (Qualifications – Specialty Number or Symbol) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show: * his military occupational specialty (MOS) as "1603 (Anti-Aircraft Artillery (AAA) Chief)" instead of "1510 (AAA Intelligence Chief)" * his related civilian occupation title as "90-millimeter (mm) AAA Gunner" instead of "Clerk, General Office" 2. The applicant states his actual MOS was 1603. He wishes to have this error corrected both for posterity and as a matter of pride and esprit de corps. He states he was, and remains, very proud to have served his country as an anti-aircraft gunner, and would like his DD Form 214 to reflect his actual MOS. He concludes by stating that any Soldier who has ever served understands the pride and esprit de corps one feels for his or her branch, unit, and MOS. 3. The applicant provides: * DD Form 214 * Special Orders Number 166, Headquarters, 69th AAA Gun Battalion, Fort Tilden, NY, dated 6 October 1951 * an undated newspaper article 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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army on 15 August 1949. 4. Special Orders Number 166, Headquarters, 69th AAA Gun Battalion, Fort Tilden, NY, dated 6 October 1951, promoted him to the rank/pay grade of sergeant/E-5 and awarded him MOS 1603 effective 6 October 1951. 5. On 15 December 1952, he was honorably discharged. Item 5 of his DD Form 214 shows his MOS as 1510. Item 24 (Total Net Service Completed for Pay Purposes) shows he was credited with completion of 3 years, 4 months, and 1 day of total active service. 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states 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. It further provides that item 5 will contain the separating Soldier's primary MOS, code number, and title, along with its related civilian occupation title and code number, if applicable. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that item 5 of his DD Form 214 should show he held MOS 1603. Army Regulation 635-5 states that item 5 will document the code and title of the separating Soldier's PMOS. The evidence of record confirms the applicant's PMOS was 1603, not 1510; therefore, it would be appropriate to correct his DD Form 214 to show his proper MOS. 2. The applicant contends that item 5 of his DD Form 214 should reflect his related civilian occupation title as "90mm AAA Gunner" instead of "Clerk, General Office"; however, the requested title was not a civilian occupation at the time of his separation. It would not be appropriate to make this correction; however, the title "Clerk, General Office" is incorrect. Therefore, it would be appropriate to correct the title to reflect an entry of "not applicable." BOARD VOTE: ____X____ ____X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 5 of his DD Form 214 to show his MOS as 1603 and his related civilian occupation title as "not applicable." _____________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) AR20100015543 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110014287 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1