IN THE CASE OF:	  

		BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110015868 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

* item 11 (Primary Specialty Number) to show his military occupational specialty (MOS) as 76Y2O (Unit Supply Specialist) vice 76Y1O
* item 16 (High School Graduate or Equivalent) to show yes vice no

2.  The applicant states he was awarded MOS 76Y2O at Fort Lee, VA, in 1981 and he earned his general educational degree (GED) at Camp Casey, Korea, in 1980.

3.  The applicant provides his DD Form 214.

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 records show he enlisted in the Regular Army on 10 October 1979 and he held MOS 76Y.  The highest rank/grade he held was private first class/E-3.

3.  His record does not contain a diploma or documentation to show he earned his GED.

4.  He was discharged from active duty on 16 June 1982 in the rank/grade of private (PVT)/E-1.  He completed 2 years, 8 months, and 7 days of creditable active service.

5.  Item 11 of his DD Form 214 shows his MOS as "76Y1O."  Item 16 of his DD Form 214 shows the "No" block is checked to indicate he is not a high school graduate or equivalent.

6.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he attended but did not complete high school.

7.  Item 35 (Record of Assignments) of his DA Form 2-1 shows he was assigned in duty MOS 76Y1O throughout his period of service.

8.  Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation) states the first three characters of an MOS identify the MOS and the fourth and fifth characters denote the skill and grade level of the MOS.  The number "1" in the fourth digit of the MOS denotes skill level 1 and grade levels PVT/E-1 through specialist/E-4; the number "2" in the fourth character of the MOS denotes skill level 2 and grade level sergeant/E-5.  The fifth character may be a letter or a number that reflects an special qualification identifier (SQI) common to a number of positions and MOS's.  The letter "O" will always be inserted as the fifth character when a position does not require special qualifications or an individual is not qualified for award of an SQI.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was discharged in the rank of PVT/E-1 and his MOS was 76Y1O.  This MOS is correctly shown on his DD Form 214.

2.  There is no evidence and he has not provided any evidence that shows he completed his GED.  The "No" block of item 16 of his DD Form 214 is correctly checked to indicate he is not a high school graduate or equivalent.

3.  In view of the foregoing, he is not entitled to the requested relief.

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 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)                                         AR20110015868



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ABCMR Record of Proceedings (cont)                                         AR20110015868



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