IN THE CASE OF:	  

		BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000407 


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 military occupational specialty (MOS) 82C be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 3 August 1983.

2.  The applicant states MOS 82C needs to be added so he can have a joint services transcript issued with that surveying education on it.

3.  The applicant provides his DD Form 214 with a separation date of 3 August 1983.

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.  On 28 April 1981, he enlisted in the Regular Army for 3 years.  He completed basic combat and advanced individual training.  Headquarters, U.S. Army Field Artillery Center and Fort Sill, OK Orders 195-71, dated 14 July 1981, awarded him MOS 15D (Lance Missile Crewmember).

3.  Item 6 (Military Occupational Specialties) of his Personnel Qualification Record, Part II shows his primary MOS as 15D effective 28 July 1981.  Part I shows his primary and duty MOS as 15D.

4.  Item 17 (Civilian Education and Military Schools) of his Personnel Qualification Record, Part II shows he completed 13 weeks of one-station unit training (OSUT) for MOS 15D at the U.S. Army Field Artillery School (USAFAS) in 1981. 

5.  There are no orders in his Military Personnel Records Jacket (MPRJ) and he did not provide any evidence showing he was awarded MOS 82C.

6.  On 3 August 1983, he was discharged.  Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) of his DD Form 214 shows his primary MOS as 15D.

7.  Department of the Army Pamphlet 611-21, then in effect, stated that formal training under the auspices of USAFAS was mandatory to qualify for award of MOS 82C.

8.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  This regulation provided, in pertinent part, that the primary MOS codes, titles, years, and months were to be entered in item 11 of the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's primary MOS 15D as documented on Parts I and II of his Personnel Qualification Record is recorded in item 11 of his DD Form 214.

2.  Army Regulation 635-5, in effect at time, stated the primary MOS would be included on a Soldier's DD Form 214.  Therefore, his primary MOS shown on his DD Form 214 is correct.  There were no provisions for entering secondary MOS's at that time.

3.  Item 17 of his Personnel Qualification Record, Part II also does not show he received any formal training for MOS 82C, and there are no orders in his MPRJ awarding him MOS 82C.
4.  In view of the above, there is no basis for granting the applicant's request.

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)                                         AR20140000407



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ABCMR Record of Proceedings (cont)                                         AR20140000407



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