IN THE CASE OF:	  

		BOARD DATE:	    4 December 2012

		DOCKET NUMBER:  AR20120008193 


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 (Report of Separation from Active Duty) to show military occupational specialty (MOS) 72E (Tactical Telecommunications Center Operator) in item 16a (Primary Specialty Number and Title).

2.  The applicant states he completed basic and advanced individual training (AIT) in MOS 72E and would like his DD Form 214 to reflect this accordingly.  Following completion of AIT he requested a change of MOS.  While he was waiting for a class date he was released from the military for using marijuana.  He strongly believes the entry is incorrect and it has caused him to be denied certain benefits as a service-connected veteran. 

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 military records, with the exception of his DD Form 214, are not available to the Board for review.

3.  His DD Form 214 shows he enlisted in the Regular Army on 31 October 1978.  This form shows the entry "72E0O Basic Trainee" in item 16a.

4.  His DD Form 214 shows he was discharged from active duty on 24 May 1979 under the provisions of Army Regulation 635-200, paragraph 5-31 (Expeditious Discharge Program (EDP)).  He completed 6 months and 24 days of creditable active service.  He held the rank/grade of private (PV2)/E-1.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states for item 16a to enter the MOS code, title, and date of award.

DISCUSSION AND CONCLUSIONS:

There is no available evidence and the applicant did not provide any evidence that confirms he completed the required training and he was awarded MOS 72E.  As a result, there is no basis for granting the applicant's 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 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)                                         AR20120008193



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ABCMR Record of Proceedings (cont)                                         AR20120008193



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