IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150008637 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: 8 March 2016 DOCKET NUMBER: AR20150008637 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. Enclosure 1 IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150008637 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 11B (Light Weapons Infantryman). 2. The applicant states he took the test for MOS 71H2O (Personnel Specialist) and he did not pass it. He contends the MOS entry on his DD Form 214 is just wrong. 3. The applicant provides a copy of 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 was inducted into the Army of the United States on 22 July 1969. He completed his initial training and was awarded MOS 11B10 on or about 28 November 1969. 3. On 25 January 1970, the applicant was assigned for duty as a rifleman with Company C, 2nd Battalion, 30th Infantry Regiment then located in the Federal Republic of Germany (FRG). 4. Special Orders Number 111, 3rd Infantry Division, dated 30 April 1970, announced the applicant’s advancement to specialist four. These orders further announced his MOS was changed from 11B1O to 11B2O. These personnel actions were effective 20 April 1970. 5. On 31 July 1970, the applicant was reassigned within his company for duty as the company clerk, MOS 71H2O. 6. The applicant’s DA Form 20 (Enlisted Qualification Record) indicates his MOS of 11B2O was withdrawn and he was awarded MOS 71H2O. It also shows he took an MOS qualification test on 29 December 1970 and scored 102. 7. On 12 July 1971, the applicant departed the FRG and returned to the United States. On 15 July 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 11 months, and 24 days of creditable active service and he held MOS 71H2O at the time of separation. REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. b. This regulation required an entry in Item 23a (Specialty Number and Title) showing the Soldier's MOS. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to show his MOS as 11B2O vice 71H2O because he failed to pass the MOS qualification test for 71H2O. 2. The available evidence of record shows the applicant began his active duty military service as an infantryman and was awarded MOS 11B2O. It further shows he was advanced to specialist four in his infantry MOS. However, he subsequently was reassigned duty as a company clerk and he was reclassified into MOS 71H2O. The evidence further shows he scored 102 in December 1970 on his MOS test; however, it does not show that this score was less than passing, or that he did not continue to hold MOS 71H2O. 3. In view of the above, there is no evidence of error or injustice in what the Army did in the applicant’s case. A presumption of regularity in this case is appropriate. ABCMR Record of Proceedings AR201500008637 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008637 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2