ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

	 
	BOARD DATE:  4 September 2019

	DOCKET NUMBER:  AR20170006785


APPLICANT REQUESTS:  Military occupational specialty (MOS) of 16B10 (Missile 
Crewman) be added to his DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge).  Also request a personal appearance before the Board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Veterans Affairs (VA) authorization to disclose personal information (PI) to third 
party, 4 January 2016
*	DA Form 20 (Enlisted Qualification Record)
*	DD Form 47 (Record of Induction)
*	Discharge letter from US Army Reserve (USAR), 26 May 1971
*	DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he was a cook for less than 6 months just prior to his expiration 
of term of service.  He completed all the training and worked as a missile crewman for 
3.5 years.  That was the MOS he should have.  Even his DD Form 214 states his last 
duty assignment is with 3rd Battalion (HERCULES) (unknown acronym) 59th Artillery.

3.  The applicant provides:

*	VA authorization to disclose PI to third party, 4 January 2016 which appears to 
be an incorrect form in this case
*	DA Form 20 which shows in block 22 (MOS) primary MOS (PMOS) as 94B10 
(Cook) dated 28 June 1966 and secondary MOS (SMOS) as 16B10 dated 26 
August 1965
*	DD Form 47 showing he was inducted into the Army on 11 June 1965
*	Discharge letter from USAR, 26 May 1971 showing he was discharged from the 
USAR on 10 June 1971
*	DD Form 214 showing he was transferred to USAR on 9 June 1967

4.  A review of the applicant’s service records shows the following:

	a.  He was inducted into the Army of the United States on 11 June 1965.  He 
completed basic combat training at Fort Gordon, GA.

	b.  His DA Form 20 (Enlisted Qualification Record) does not show completion of 
advanced individual training under item 27 (Military Education) or item 39 (Record of 
Assignment).  However, item 22 (MOS) shows 

*	MOS 16B, Hercules Missile Crewman, 26 August 1965, with a line drawn 
through it and the entry S (indicating secondary MOS) 
*	MOS 94B, Cook, 28 June 1966, with the entry P (indicating primary MOS) 

	c.  Special Orders Number 102, dated 28 June 1966 awarded the applicant PMOS 
94B20 with a SMOS of 16B10 and withdrew PMOS 16B10.

	d.  He was assigned to Battery C, 3rd Battalion, 59th Artillery in Chicago, IL from 
26 August 1965 to 29 May 1967.  He performed in duty MOS (DMOS) as follows: 

*	26 August 1965 to 20 December 1965, DMOS 16B
*	20 December 1965 to 29 May 1967, DMOS 94B

	c.  He was honorably released from active duty and transferred to USAR on 9 June 
1967.  His DD Form 214 shows in block 23a (Specialty Number and Title) 94B20 Cook.

5.  By regulation, Army Regulation (AR) 15-185 (ABCMR) applicants do not have a right 
to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal 
hearing whenever justice requires.

6.  By regulation, AR 635-5 (Personnel Separations-Separation Documents), block 23a 
(Specialty Number and Title) of the DD Form 214 in effect at the time of the applicant's 
separation reflected the MOS held by the primary MOS held at the time of separation.

BOARD DISCUSSION:

The applicant's request for a personal appearance hearing was carefully considered.  In 
this case, the evidence of record was sufficient to render a fair and equitable decision.  
As a result, a personal appearance hearing is not necessary to serve the interest of 
equity and justice in this case.
After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  The applicant’s contentions were carefully considered.  Evidence of 
record shows his PMOS was changed by published orders and the contended PMOS 
was listed on his DD Form 214.  Based upon the documentary evidence provided by the 
applicant and found within the military service record, the Board agreed there was no 
error or injustice in this case.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.

	  
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The ABCMR begins its consideration of each case with the presumption of 
administrative regularity, which is that what the Army did was correct.

	a.  The ABCMR is not an investigative body and decides cases based on the 
evidence that is presented in the military records provided and the independent 
evidence submitted with the application.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

	b.  The ABCMR may, in its discretion, hold a hearing or request additional evidence 
or opinions.  Additionally, it states in paragraph 2-11 that applicants do not have a right 
to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal 
hearing whenever justice requires.

3.  AR 635-5 (Separation Documents), in effect at the time, governed the preparation of 
the DD Form 214.  The DD Form 214 is a summary of a Soldier’s most recent period of 
continuous active duty.  It provides a brief, clear cut record of active duty service at the 
time of release from active duty, retirement, or discharge.  The DD Form 214 is not 
intended to have any legal effect on termination of a Soldier’s service.  It states for item 
23a and b Enter primary MOS (military occupational specialty) code number and title.  If 
the specialty represented by the MOS has a related civilian occupation, enter in item 
23b the appropriate job title and code number from the dictionary of occupational titles.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170006785

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